Free Joint Local Rules Amendments effective May 28, 2009 include: - Kentucky

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN AND WESTERN DISTRICTS OF KENTUCKY
JOINT GENERAL ORDER NO. JOINT GENERAL ORDER NO.
09-02 - E.D. Ky. 09-02 - W.D. Ky.

of Kentucky

FILED

MAY 28 2009
AT LEXINGTON LESLIE G WHITMER CLFRK U S DISTRICT COURT

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Pursuant to LR 83.14 of the Joint Local Rules of the Eastern and Western Districts of Kentucky, and pursuant to the authority granted by Rule 83, F .R.Civ.P., and upon recommendation of the Joint Local Rules Commission, the Judges of the Eastern and Western Districts hereby ORDER that the following amendments be made to the Joint Local Rule: (changes are noted in bold and underline)

1.

In LR 5.4, the word "may" changes to "shall" to read as follows:

Documents shall be filed, signed and verified by electronic means to the extent and in the manner authorized by General Order 05-03 of the Court. A document filed by electronic means in compliance with this Local Rule constitutes a written document for the purposes of applying these Local Rules and the Federal Rules ofCivil Procedure. The General Orders of the Court referenced herein may be obtained from the Clerk's office on the following websites: WDKY-http://www.kvwd.uscourts.gov/; EDKY- http://www.kyed.uscourts.gov/; 2.
In LR 5.5, the word "may" changes to "shall" to read as follows:

Documents shall be served through the court's transmission facilities by electronic means to the extent and in the manner authorized by General Order 05-03 of the Court. Transmission of the Notice of Electronic Filing (NEF) constitutes service of the filed document upon each party in the case who is registered as an electronic case filing user with the Clerk. Any other party or parties shall be served documents according to these Local Rules and the Federal Rules of Civil Procedure.

3.

In LCrR 49.3, the word "may" changes to "shall" to read as follows: Documents shall be filed, signed and verified by electronic means to the extent and in the manner authorized by General Order 05-03 of the Court. A document filed by electronic means in compliance with this Local Rule constitutes a written document for the purposes of applying these Local Rules and the Federal Rules of Criminal Procedure. The General Orders of the Court referenced herein may be obtained from the Clerk's office on the following websites: WDKY-http://www.kywd.uscourts.gov/; EDKY- http://www.kyed.uscourts.gov/;

4.

In LCrR 49.4, the word "may" changes to "shall" to read as follows: Documents shall be served through the court's transmission facilities by electronic means to the extent and in the manner authorized by General Order 05-03 of the Court. Transmission of the Notice of Electronic Filing (NEF) constitutes service of the filed document upon each party in the case who is registered as an electronic case filing user with the Clerk. Any other party or parties shall be served documents according to these Local Rules and the Federal Rules of Criminal Procedure.

5.

In LR 3.1, Jury Divisions is changed to read as follows: (a) United States District Court for the Eastern District of Kentucky. The United States District Court for the Eastern District ofKentucky is divided into the following jury divisions with juries drawn from the counties within each docket:
(1)

Northern. The Northern Division is divided into two dockets:

!Al Ashland. The following counties are in the
Boyd, Carter, Elliott, Ashland Docket: Greenup, Lawrence, Lewis, Morgan, and Rowan.

illl Covington.

The following counties are in the Covington Docket: Boone, Bracken, Campbell, Gallatin, Grant, Kenton, Mason, Pendleton, and Robertson.

(2)

Central. The Central Division is divided into two dockets:

!Al Frankfort. The following counties are in the
Frankfort Docket: Anderson, Carroll, Franklin, Henry, Owen, Shelby and Trimble.

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00 Lexington.

The following counties are in the Lexington Docket: Bath, Bourbon, Boyle, Breathitt, Clark, Estill, Fayette, Fleming, Garrard, Harrison, Jessamine, Lee, Lincoln, Madison, Menifee, Mercer, Montgomery, Nicholas, Powell, Scott, Wolfe, and Woodford.

(3)

Southern. The Southern Division is divided into two dockets:

!Al London.

The following counties are in the London Docket: Bell, Clay, Harlan, Jackson, Knox, Laurel, Leslie, McCreary, Owsley, Perry, Pulaski, Rockcastle, Wayne, and Whitley.

(B) Pikeville. The following counties are in the Pikeville Docket: Floyd, Johnson, Knott, Letcher, Magoffin, Martin, and Pike.

6.

In LCrR 18.1, Jury Divisions is changed to read as follows:

(b) United States District Court for the Eastern District of Kentucky. The United States District Court for the Eastern District ofKentucky is divided into the following jury divisions with juries drawn from the counties within each docket:

(1)

Northern. The Northern Division is divided into two dockets:

!Al Ashland.

The following counties are in the Ashland Docket: Boyd, Carter, Elliott, Greenup, Lawrence, Lewis, Morgan, and Rowan.

00 Covington.

The following counties are in the Covington Docket: Boone, Bracken, Campbell, Gallatin, Grant, Kenton, Mason, Pendleton, and Robertson.

(2)

Central. The Central Division is divided into two dockets:

!Al Frankfort.

The following counties are in the Anderson, Carroll, Frankfort Docket: Franklin, Henry, Owen, Shelby and Trimble.

00 Lexington.

The following counties are in the Lexington Docket: Bath, Bourbon, Boyle, Breathitt, Clark, Estill, Fayette, Fleming, Garrard, Harrison, Jessamine, Lee, Lincoln, Madison, Menifee, Mercer, Montgomery,

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Nicholas, Powell, Woodford.

Scott,

Wolfe,

and

(3)

Southern. The Southern Division is divided into two dockets:

.fA} London. The following counties are in the London Docket: Bell, Clay, Harlan, Jackson, Knox, Laurel, Leslie, McCreary, Owsley, Perry, Pulaski, Rockcastle, Wayne, and Whitley.
(B) Pikeville. The following counties are in the Pikeville Docket: Floyd, Johnson, Knott, Letcher, Magoffin, Martin, and Pike.
7.

In LR 7.1, subsection (c) is changed to read as follows:
(c) Time for Filing Memoranda in Response and Reply. A party
opposing a motion must file a response memorandum within fifteen
(15) days of service of the motion. Failure to timely respond to a motion may be grounds for granting the motion. A party may file a reply memorandum within eleven (11) days of service of the response. When you request an extension of time to file a memorandum, please do so by agreed order or state whether other parties consent.

8.

In LCrR 12.1, subsection (d) is changed to read as follows:
(d) Time for Filing Memoranda in Response and Reply A party
opposing a motion must file a response memorandum within eleven
(11) days of service of the motion. Failure to timely respond to a motion may be grounds for granting the motion. A party may file a reply memorandum within eleven (11) days of service of the response.

9.

In LR 83.6, the word "Substitution" is inserted and a new subsection (c) is added to read as follows:

SUBSTITUTION OR WITHDRAWAL OF ATTORNEY OF RECORD
Unless a compelling reason exists, an attorney ofrecord is not permitted to withdraw within twenty-one (21) days oftrial or a hearing on any motion for judgment or dismissal. At any other time, an attorney of record may withdraw from a case only under the following circumstances: a) The attorney files a motion, his or her client consents in writing, and another
attorney enters his or her appearance; or


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b) The attorney files a motion, certifies the motion was served on the client, makes a showing of good cause, and the Court consents to the withdrawal on whatever terms the Court chooses to impose.

c) In cases where an attorney seeks to be substituted for another as attorney of record, and both attorneys are within the same partnership or other legal professional association, a notice of SUbstitution must be filed by the withdrawing attorney and the substitute attorney with an affirmative representation stating that the substitution is made with the client's consent; the notice may, but need not be, signed by the client. II
10.
In LCrR 57.6, the word "Substitution" is inserted and a new subsection (c) is added to read as follows:

SUBSTITUTION OR WITHDRAWAL OF ATTORNEY OF RECORD
Unless a compelling reason exists, an attorney ofrecord is not permitted to withdraw within twenty-one (21) days oftrial or a hearing on any motion for judgment or dismissal. At any other time, an attorney of record may withdraw from a case only under the following circumstances: a) The attorney files a motion, his or her client consents in writing, and another attorney enters his or her appearance; or b) The attorney files a motion, certifies the motion was served on the client, makes a showing of good cause, and the Court consents to the withdrawal on whatever terms the Court chooses to impose.

c) In cases where an attorney seeks to be substituted for another as attorney of record, and both attorneys are within the same partnership or other legal professional association, a notice of substitution must be filed by the withdrawing attorney and the substitute attorney with an affirmative representation stating that the substitution is made with the client's consent; the notice may, but need not be, signed by the client. II

The changes reflected in this Joint General Order shall be incorporated into the Courts' Joint Local Rules published on the Courts' respective web sites. Copies ofthis Order shall be made available to the various publishing companies that publish the Joint Local Rules of the Eastern and Western Districts ofKentucky and to the public upon request. The changes noted in this Order shall take effect upon entry of this Order.
g:\wp61'doc\dlm\jlr\general order - multiple orders from 9-7-D8 mtg.doc

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IT IS SO ORDERED. FOR THE COURT

s/ Jennifer B. Coffman Jennifer B. Coffman, Chief Judge United States District Court Eastern District of Kentucky

s/Thomas B.Russell Thomas B. Russell, Chief Judge United States District Court Western District of Kentucky

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