These rules apply to all proceedings in this court whether criminal or civil unless specifically provided to the contrary or not applicable in the context.
You are here
Unless revoked expressly or by necessary implication by these rules, all standing orders of court now in effect shall remain in effect.
The court may suspend these rules in individual cases by written order. When a judge of this court issues any order in a specific case which is not consistent with these rules, such order shall constitute a suspension of these rules for such case only and only to the extent that it is inconsistent. By way of illustration, but not of limitation, a judge of this court may issue an order in a specific case governing the practice and procedure, in whole or in part, in that case.
Wherever used in these rules, the term "party", whether in the singular or plural, shall mean the party or parties appearing in the action pro se, or the attorney or attorneys of record for such party or parties, where appropriate.
Plaintiff or plaintiff's attorney shall be responsible for prompt service of the summons and a copy of the complaint as provided in Fed.R.Civ.P.4. Service shall be made by anyone who is not a party and is not less than 18 years of age. In order that a scheduling conference as required by Fed.R.Civ.P.16(b) can be arranged promptly, immediate service of process should be effected and an affidavit of such service shall be filed within fourteen (14) days thereafter. Where the plaintiff is the United States, an agent or instrumentality thereof, service shall be pursuant to 28 U.S.C. § 566(c).
Proof of service of all other pleadings and papers required or permitted to be served, other than those for which a method of proof is prescribed in the Federal Rules of Civil Procedure, shall be by written acknowledgment of service, by affidavit of the person making service or by certification of counsel. A party who has been prejudiced by failure to receive due notice may apply to the court for appropriate relief. Proof of service of discovery material shall not be filed unless required in accordance with Local Rule 5.4.
The clerk shall not be required to enter any civil action, file any paper or issue any process therein, nor shall the marshal be required to serve any paper or perform any service unless the fees therefor shall first be paid by the party requesting the same. This rule shall not apply in actions properly instituted or defended in forma pauperis under applicable law.
In all civil actions prosecuted to final judgment or settled by the parties, in which the costs have not been paid or provided for, the clerk or marshal to whom they are due shall be entitled to an order requiring the party against whom such judgment is entered or in favor of whom such settlement is made, or otherwise as directed by the court, to pay these costs, in default of which execution may issue in the name of the clerk or the marshal therefor as the case may be. Where no action of any kind has been taken by any party in any civil action for two (2) years or more, the clerk or marshal to whom any costs may be due may apply to the court, and the court may enter an appropriate order that such costs be taxed and require any party to pay such costs, and in default thereof that any claim or defense of such party be dismissed. This rule shall not apply in actions properly instituted or defended in forma pauperis under applicable law.