Navigating the Northern District Local Rules: A Comprehensive Guide

Overview of Northern District Local Rules

The Local Rules of the Northern District of Texas comprise 89 detailed regulations governing the procedures in the federal court for the district. The local rules were originally adopted in 1972 but have been through numerous revisions and expansions since then to adapt to new developments in law and technology, as well as the increasing caseload of the court. According to the Advisory Committee Comments to the 2010 amendments to the local rules: "These amendments are intended to enhance the efficiency and effectiveness of the summary judgment process. Elimination of the page limits on briefs is also intended to facilitate a more comprehensive development of the arguments presented to the court. The importance of summary judgment rulings cannot be overemphasized . Incorrect summary judgment rulings are among the most frequent grounds for appeal. The court therefore believes that these amendments will improve the decisional quality and reduce the number of appeals in these cases…." Local Rule 3-2 addresses time requirements for filing pleadings and motions. This rule provides invaluable guidance for attorneys in the Northern District as it includes helpful timelines for virtually every type of pleading or motion. Local Rule 3-1 outlines and identifies the various motions that are routinely before the court. Motions in the Northern District of Texas include motions regarding civil matters, criminal matters, appeals from agencies, tax, multidistrict litigation, judicial review, admiralty, bankruptcy, habeas corpus and prisoner conditions.

Scope and Application of the Rules

The rules shall apply in all civil and criminal proceedings in all courts of the Northern District of Ohio, including the Bankruptcy Courts, unless otherwise provided or unless the Court prescribes a different rule or procedure in a given case or proceeding. The rules on practice and procedure shall also apply in all matters conducted by the U.S. Probation Office in the Northern District of Ohio except where otherwise provided.
All students of the rules should be familiar with Fed. R. Civ. P. 83 which states:
(a) In General. Each district court by local rule may prescribe rules for the conduct of its business not inconsistent with these rules. Such rules shall be […]
(b) Local Rules of the District Courts. A district court shall file its local rules with the clerk of the district court for the district in which the court is held. Such local rules shall be made available to the public, and shall be binding on all parties unless, in the opinion of the court, their interests will not be served by application. In the event that application of a local rule is relevant to a question on appeal, an objection to application of the local rule shall be part of the record on appeal.
It is not up to the Magistrate Judge whether any particular Nov. Loc. R. should be applied or not. This is part of the "General Rules" of the Northern District of Ohio and becomes part of the record on appeal to the Sixth Circuit.

Key Provisions of the Local Rules

The Local Rules of the Northern District of California set forth a number of requirements that must be observed during litigation and serve to supplement the Federal Rules of Civil Procedure. Some of the rules in the Local Rules are unique to the Northern District and should be familiar to any practitioner such that non-compliance becomes an issue.
Some of the key provisions of the Local Rules include:
• Rule 3-1(a). Electronic Case Filings: Practitioners may not file any document containing a Social Security Number in electronic format. Though Justice Alioto recently issued an order to show cause requiring the parties in the In Re: National Security Actual or Imminent Threat of Terrorist Attack to show why I did not reject the parties’ stipulation to file pleadings that contained Social Security Numbers, it is clear that this is an inadvertent mistake and the parties are making every effort to rectify the situation. All parties in the Northern District must be attuned to this requirement.
• Rule 9-5(b). Service of Discovery: In the Northern District, unlike other districts such as the Eastern District, responses to interrogatories and document requests – even when agreed upon by all parties – must be served on all parties to the action. Unlike many other districts – including the Eastern District and the Southern District – service of document. (not the answers) must be made by hand delivery (as opposed to either personal service, overnight or mail service).
• Rule 26-2(a). Disclosure of Non-Expert Witnesses: the Civil Local Rules require parties to disclose witnesses who are likely to be called at trial and whose testimony is intended to "contradict or rebut evidence on the same subject matter identified by another party in its disclosures or responses to discovery requests." List should include abbreviated statements of the anticipated testimony. Parties must add a "disclosure supplement" with the Court and all parties within 10 days of receipt of an "expert disclosure" from another party.
• Rule 54-8. Fringe Benefits: Directly under title "Fringe Benefits and Contingent Compensation," the Northern District requires all parties to clearly indicate the terms of their compensation.

Impact on Practitioners

The Northern District Local Rules have an immediate impact on practitioners in the Northern District. Upon commencing or taking over an action, practitioners should review the Local Rules for any changes, e.g., a stay of discovery under Supreme Court Rule 217(c), which may govern the litigation until the Defendant files an Answer. Many practitioners are familiar with Federal Rules 12(c), 12(e) and 55, all of which govern motions for judgment on the pleadings, motions for a more definite statement, and motions for entry of default judgment respectively. However, the Northern District Local Rules now also address these motions. For example, a Local Rule 12(c) motion must be filed and briefed in compliance with Local Rule 7.1 and 7.2 , whereas a Local Rule 12(e) motion must also be filed and briefed in accordance with Local Rule 7.2. Finally, Local Rule 55.1 provides for an entry of default before the entry of default judgment under local practice. This is a substantive change from federal court, where an entry of default is merely procedural and should not delay an entry of default judgment. Practitioners should also be aware that the foregoing are just a few examples of how the Local Rules will impact their practice. Remember that these rules are amendments to the Federal Rules of Civil Procedure – not replacements. As always, practitioners must consider the Federal Rules of Civil Procedure in addition to the Local Rules when briefing issues before the District Court.

Tips, Compliance and Best Practices

Ensuring compliance with the Northern District Local Rules in everyday practice requires both diligence in reviewing and understanding the rules, and good organizational habits in creating documents. The below tips may help counsel both prevent and correct potential problems.
Read Federal Rules, Local Rules, and Guidelines
While not usually important for LITIGANTS, it is important for COUNSEL to be familiar with both the Federal Rules of Civil Procedure and the Local Rules (including the practice pointers) in both this District and Northern District of California. Sometimes one provides a clearer interpretation of a rule than another. Because local rules vary throughout the State and the Ninth Circuit, it is best to familiarize ones-self with the "house rules" in every District in which one practices. A list of all of the District’s Local Rules can be found on the Court’s website at a clickable link. A clickable link to the active District Court’s website is available on this blog’s "Courthouses Covered" page.
Pay Attention to Your Cover Letter or Memorandum
The first impression that the Court receives of a filing is the cover letter or memorandum. The covering document should adequately describe the purpose of the pleading, the relief sought, whether there is a hearing on the motion, and whether an opposition has been filed.
Do Not Use "Reply" or "Surreply" in Filenames
When titling your document, do not use the words "Reply," "Surreply," or similar words in the title. Almost all ECF systems ignore those words. Use the naming convention "Pltf’s Motion for Summary Judgment" or "Defs’ Opp’n to Pltf’s Mot. for Prelim. Inj."
Be Consistent With Document Filenames
Make sure that the document’s title on the cover sheet matches the title used in the ECF system and on the document itself. Also make sure that the title accurately describes the filing. Such inconsistency can be quite confusing to the Court and its staff. The online Electronic Case Filing system (ECF) does not accept filings from anyone who does not have a password. Every attorney and agency that files in this Court should register with the Court and obtain a password (which costs nothing). Changes to attorney contact information should be submitted to our office immediately (the registration must be redone if your e-mail address changes).
Be Careful of Inadvertently Filing Under the "Civil" or "Criminal" Menu
During triage of court filings, clerks often find that documents intended to be filed under the "Civil" menu have been inadvertently filed under the "Criminal" menu (or vice versa). This does not happen often still, it happens enough that we feel it necessary to issue the caution. As a result, this District will charge a modest fee for each pleading in a main case which is filed under the wrong menu. Even if the case contains a criminal count, e.g., a Petition to Enforce NLRB Decision, try to use the "Civil" menu rather than the "Criminal" menu unless absolutely necessary. The reason is because it is more confusing to have it appear on the criminal docket even though it is essentially a civil matter. Civil matters have a different docket with their own associated civil action numbers (i.e., this district uses the next sequential number from the criminal docket), and this can cause confusion problems down the line. To get this right, look for the "magistrate" designation in the case number, which indicates that the case belongs on the "civil" docket.
Look for the "Magistrate" Designation in the Case Number Before Filing
Every case filed within this District has both a district-wide number and a case-specific number. The district-wide number for criminal cases is of the form "2:14-CR-00001-TLN-EFB," while the district-wide number of civil cases is of the form "2:14-CV-00001-MCE-CMK." The first two digits are the current calendar year, and the next three digit are the order received. The last two letters are abbreviations for the assigned District Judge and Magistrate Judge, respectively. For example, in the first case number above, the "TLN" designator means that the case was assigned to Judge Nunley, and the "EFB" designator means that the case was assigned to Judge Brennan (pronounced "Brennan" by outsiders, "Shira" by those who have been corrected by her). The straight numbers simply mean that there was no Magistrate Judge assigned to that case.
Augment the Main Case Number with a "Civil" Suffix
In addition to generating a case number whose prefix is the main case number, the System also generates a "Civil" suffix by every filing under that docket number. (The exception is Notices of Electronic Filing, which are simply notices, not case documents.) If you are filing an Opposition to Plaintiff’s Complaint in case 2:14-CV-00001-MCE-CMK, your paper title on the title page should simply be "Defs’ Opp’n to Pltf’s Compl." When the Clerk’s Office processes your paper submission, the System will add the "Civil" suffix in the PDF to the title you’ve specified, i.e., "Defs’ Opp’n to Pltf’s Compl. [2:14-CV-00001-MCE-CMK]." In this way, you can preserve the integrity of your title without having to change the title when filing in other courts.

Conclusion and Further Resources

In conclusion, becoming familiar with and following the Local Rules of the Northern District of Texas is essential for practitioners appearing before the court. From the requirements for move for summary judgment, to the rules for filing and serving documents, a clear understanding of the Local Rules is vital to presenting your case in the best light possible. Staying up to date on any changes to the Local Rules, as well as monitoring the Federal Rules of Civil Procedure and Rules of Evidence are also important to ensuring compliance with all applicable rules that must be followed while litigating a case in federal court.
The "Federal Rules of Civil Procedure" can be found here: www.law.cornell.edu/rules/fed/rule_1; and the "Rules of Evidence" can be found here: www . law.cornell.edu/rules/fre/rules.
For more information on the Local Rules of the Northern District of Texas, including any revisions that may have recently taken place, please see the court’s website, www.txnd.uscourts.gov. The website is a valuable resource for practitioners, where you will also find information regarding electronic filing and the use of PACER, a database that enables users to obtain case information, filings, and other related data for civil and criminal cases in the federal judiciary. Other features of the court’s website include opinions, attorneys’ fees awards, contacts for opinions, PACER terminal location directory, court reporters, filing fee schedule, and telephone contact information.