Rules of the United States District Courts for the Eastern and Western Districts of Arkansas

    t

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RIII,ES OT TIIE

IINITtsD SIATES DISIRICT COIJRTS

rOR IUE

EASIERII AIID T{ESIERN DISTRICTS

OF ARKAI{SAS

EIT'ECTIT'E I{AY I, I98O



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APPENDIX

INDEX

Title Paqe

LOCATi0N AND OFFICE H0URS 0F CLERKS' OFFICES, and
DESIGNATION OF FILING OFFICES .. . .. .. .. .. . I

ATTORNEYS ....2

COSTS AND BONDS . i... ........7
B0NDSMEN .. . d. ... . .B
ASSIGNMENT OF ACTIONS AND PROCEEDINGS. . . . . .9
PREPAMTION OF PROCESS .....I0
EXTENSION OF TIME TO PLEAD. .....II
ISSUANCE OF SUMMONS FOR SERVICE OUTSIDE THE STATE ...12
REMOVAL OF FILES OR WITHDRAWALS OF PAPERS AND EXHIBITS...I3
TIME FOR FILING UNDER FED.R.CIV.P.5(d) ....I 5

PHOT0GMPHING, BROADCASTING'..TELEVISING and REC0RDING

IN COURTROOM AND ENVIRONS .....16
COMMUNICATIONS I,IITH COURT.... ...I7
STIPULATIONS BY COUNSEL. ...I8
INTERRoGAToRIES AND REQUESTS FoR ADMISSIoNS.. .......19
CONTINUANCES.. ...20
NOTICE OF SETTLEMENT. ..... ....,.21
MANDATE OF AN APPELLATE COURT. ...,...22
SATISFACTION OF JUDGMENTS .......23
M0TIoNS .....24
PRE-TRIAL CONFERENCE.... ...25

(oUTLINE FoR PRE-TRIAL CoNFERENCE INFoRMATI0N SHEET) ...26
LAND CONDEMNATION PROCEEDINGS... ,...,.27
UNITED STATES MGISTMTES. .. ....29
CLASS ACTIoN ..... .....38
JURY EXTRANEOUS PREJUDICIAL INFORMATION. .......40
COI'II\IUNICATIONS BY U.S. ATTORNEY REGARDING PERSONS

SENTENCED BY THIS COURT. ..... ......4I
ATTORNEYS' FEES .......42
SIX MEMBER JURY .......43
SUMMARY JUDGMENT MOTION ....44
EXEMPTIONS FROM MNDATES OF FED.R.CIV.P.I6 .....45
ASSESSMENT FOR OUT.OF-POCKET EXPENSES. ....46
UNITED STATES BANKRUPTCY JUDGES ......5I
DEPOSIT OF REGISTRY FUNDS IN INTEREST.BEARING ACCOUNTS...55

SOCIALSECURITYCASES ..... ......59
COMPLAINT FORMS FOR ACTIONS BY INCARCERATED PERSONS......60
CONDITIONS FOR JUROR CONTACT. ...6I

UNIFORM FEDERAL RULES OF DISCIPLINARY ENFORCEMENT........A-I



t RULE 1

LOCATION AND OFFICE HOURS OF CLERI(S' OFFICES,
AND DESICNATION OF FILINC OFFICES

EASTERN DISTRICT

Count Held Filing OfficeDivision

Eastern

Western

Northern

Pine Bluff

Jonesboro

Fort Smith

Harrison

Texarkana

El Dorado

Fayetteville

Hot Springs

Helena

Little Rock

Batesville

Pine Bluff

Jonesboro

Fort Smith

Harrison

Texarkana

El Dorado

Fayetteville

Hot Springs

P. O. Box 869
Little Rock, AR ?2203-0869

- P. O. Box 8307
Pine Bluff, AR 71601-830?

312 Federal Building
Joriesboro, AR 72401

WESTERN DISTRICT

P. O. Box 1523
Fort Smith, AR 72gA2-L523
523 Pederal Building
35 East Mountain Street
Fayetteville, AR 12702

P. O. Box2746
Texarkana, AR 755A4-2746

P. O. Box 1566
El Dorado, AR 7173 1:1566

528 Federal Building
Favetteville. AR 72?0135 East M6untain Street
P. O. Drawer I
Hot Springs, AR TEAT

Clerk's Telephone
Area Code 501

378-5 3 51

536-1190

972-46t0

?83-6833

521-6980

773-3381

862-1242

52I-6980

623-64U

Office hours for all Clerks'offices, except for vacations and legal holidays (see Fed.R. Civ.p.
77(c)) are from 8:00 a.m. to 12:00 noon, andl2:30 p.m. to 4:30 ph., tvtonday through Friday,
except that the Little Rock and Fort Smith offices remain open during the noon hour and un-til 5:00 p.m.r and Fayetteville office rcmains opin duriig the noon hour
and until 5.:00 p. m.



RUIE 2

ATTORTIEYS

(a) Bar of the Court. The Bar of the Arkansas District Court shall consist

of those persons admitted to practice in either district.

(b) Eligibility.
(1) AII persons who are on the roll of attorneys for either

district of Arkansas upon the effective date of these Rules shall
continue to be enrolled.

(2) Any person is eligible for enrollment who is licensed to
practice in the State'of his residence, and, in the case of a non-

resident of Arkansas, has previously been authorized to practice in
any United States District Court.

(3) Any attorney who is enrolled in the United States Dist.rict.

Court for either district of Arkansas is auLomatically enrolled in the

other district.
(c) Procedure for Admission.

(l) Each applicant for admission to the Bar of this Court shall
file with the Clerk a written petition setting forth his residence

and office address and telephone numbers, his legal educationr any

criminal record other than traffic offenses the applicant may have,

and the courts to which he has been admitted to practice. The petition
shall be accompanied by a current certificate of good standing from

the clerk of.the highest court in the state of his residence.
(2) The C1erk shall examine the petition and accompanying cer-

tificates and, if these comply with this RuIe, the petition shall be

presented to a judge of these courts who sball determine its suffi-
. ciency. If approved, the applicant shall make suitable arrangements

thereafter with the C1erk for his appearance and admission.

(d) Special or Limited Appearance. Any attorney who is a member in good

standing of the Bar of any United States District Court, or of the highest court

of any state or territory or insular possession of the United St,ates, but is not

admitted to practice in the District Courts in Arkansasr fiay, upon oral or

written application, be pernitted to appear and participate in a particular case.



The application sha1l designate a member of t.he Bar of these courLs who main-

tains an office in Arkansai for the practice of law with whom the Court and

opposing. counsel may readily communicaLe regarding the conduct of the case.

There shall also be filed with such application the address and telephone number

of the named designee. Provided, however, that upon wriLten motion and for good

cause shown Lhe Court may waive or modify the requirements of lhis designation.

Pleadings tendered to lhe Clerk for .filing by an attorney who is not admitted to

practice shall be accepted and filed by the Clerk, and the Clerk shall call this

RuIe to the attention of Lhe atLorney. After the Rule has been called to lhe

aLtention of an aLtorney and a period of 30 days has elapsed, aoy additional

pleadings tendered by t.he attorney shall not. be accepted and filed by the Clerk

unLil the requirement of this Rule is met. This Rule shall not apply to any

at!orney for the Unit.ed States appearing in his official capacity, or to an

att.orney in the lrlestern District residing in Texarkana, Texas.

(e) Disbarment and Discipline. A11 persons enrolled as attorncys in eiLher

of these courts shall be subject to the Uniform Federal Rules of Disciplinary

Enforcement, which are hereby adopted and included in the Appendix to these

rules.

(f) Withdrawal.

or proceeding except by

his client and opposing

No aLtorney shall withdraw his appearance in any action

leave of Court after reasonable notice has been given to
counsel.

Adopted and effective May 1, 1980



RULE 3

PLEADINGS AND TILINGS

(a) The original of all pleadings, together with two copies thereof,

shall be filed with the Clerk. All pleadings shall be typewritten, photocopied,

mimeographed or printed, in type not less than elite, in double space, letter
size and shall be filed by the Clerk unfolded and without manuscript covers.

Attorneys shall take notice of case numbers assigned to each case and shall
' 'note such numbers upon all pleadings, orders and judgments.

(b) Pleadings are to be filed as follows:
(l) In the Eastern District, the Clerk maintains. offices at

Little Rock, Pine Bluff and Jonesboro. In the Western District, the Clerk

maintains offices at Fort Smith, Fayetteville, El Dorado, Texarkana, and

Hot Springs. In civil matters, pleadings should be fited in the office of the

Clerk desigdated in Local Rule I for the Division in which the case is pending,

but when a'Clerk is unavailable they may be filed in any office of the Clerk

in the appropriate district.

Q) Criminal matters in the Eastern District. All pleadings

in all criminal matters are to be filed in Little Rock.

(3) Criminal matters in the Western District. All pleadings

in criminal matters in the Harrison Division shall be filed in Fayetteville.

Otherwise, all pleadings in criminal matters for a particular division are

to be filed in that division.
(c) (D Parties represented by Counsel. Every pleading filed

in behalf of a party represented by counsel shall be signed by at least one

attorney of record in his or her individual name, and the attorney's address,

zip code and telephone number shall be stated. It is the duty of each attorney

to promptly notify the Clerk and the other parties to the proceedings of

any change in his or her address.

(2) Parties appearing pro se. It is the duty of any party not

represented by counsel to promptly notify the Clerk and the other parties

to the proceedings of any change iri his or her address, to monitor the progress

of the case and to prosecute or defend the action diligently. A party appearing

for himself/herself shall sign his/her pleadings and state his/her address,

zip code and telephone number. If any communication from the Court

Adopted and effective October 2?, 1986

Amended July l, 1988



to a pro se plaintiff is noL responded to within thirty (fO1 days, the

case may be dismissed wit.hout prejudice. Any party proceeding pro se shall
be expecLed to be familiar with and follow the Federal Rules of Civil Pro-

cedure.

(d) AL the time of filing a civil action,. the plaintiff shall complete and

submit a cover sheet statement on Federal Form No. JS44.

(e) When a pleading is amended, the entire pleading shall be retyped. If
matter is to be deleted from a pleading, it shall be clearly described in the

motion to amend the pleading; provided, however, that Lhis requirement shall not

be applied to pro se plaintiffs. If, howeverr tD atEorney is subsequently

appointed to represenL such a pro se plaintiff, or if the pro se plaintiff
otherwise subsequently obtains the services of an attorney, said attorney shall

observe this requirement in all subsequently filed pleadings

(f) Discovery depositions, interrogat,ories, requests for production or

inspecLion, proposed findings of fact, proposed conclusions of law, trial
briefs, proposed jury iostructions, and responses thereLo, sha1l not be consid-

ered pleadings within the meaning of this Rule. Unless otheiwise ordered by

the Court, such documents shall NOT be filed with the Clerk, except as noted in
paragraphs (g) and (h) below.

(g) I{hen discovery docurnents Iisted in paragraph (f) above, or portions

thereof, are needed in support of a motion, those portions of the discovery

which are relevant Lo the motion shall be submitted with the mot.ion and attached

thereto as exhibits.

(h) Any discovery docunents to be used at any trial or hearing shall be

filed and/or introduced in open court pursuant. to the Federal Rules of Civil
Procedure, the Federal Rules of Crininal Procedure and the Federal Rules of

Evidence.

(i) Proposed findings of fact and conclusions of law, trial briefs and

proposed jury instructions shall be submitted to the judge to whom the case is
assigned, with copies served upon all other parties.



(j) Nothing in this rule is intended to modify or change the filing
requireuents specified io Rules 20 and 21 of these Local Rules.

a, b & d adopted and effective ilay l, 1980 ,

c adopted and effective }tarch 14, 1984

e adopted and effective July 16, 1980

f thru j adopted and effective June 26, f98f

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RULE 4

COSTS AND BONDS

(a) Costs. Parties instituting any civil action, suit or proceeding,

whether by original action, removal or otherwise, shall pay to the Clerk the

filing fee as r.equired by the Judicial Conference of ihe United States. The

Clerk will not accept for filing any tendered pleading for the institution of

a civil action without advance payment of the filing fee, unless the Court

shall order otherwise.

(b) Bond for Costs. The Court, on motion or of its owh initiative,

may order any party plaintiff, either resident or non-resident, to file an original
' bond for costs or additional security for costs in such an amount and so

conditioned as the Court by its Order may designate.

(c) Removal Bond. It shall be sufficient compliance with 28 U.S.C.

1446(d) if a corporate surety bond in the penal sum of $500, or cash bond in

the sum of $250, is filed with the petition for removal.

Adopted and effective May I, 1980

Revised July l, 1988



, .}

Adoptcd and cffectivc llay l, 1980

llo officcr of cithcr Digtrict Court, erployec of the Departnent of Jugticc
or attorncy et lar ghall bc ecccpted as aurety on any bond or undcrtaking in any

ection or procecding ia cithcr Digtrict Court.

RI'I.E 5

BOI{DS}'EN J



"* '-t ---'

RULE 6

ASSIGN}IENT OF ACTIONS AND PROCEEDINGS

(a) A11 civil and criminal actions and proceedings shall be assigned by a

random selection process as the judges from time to time direct.

(b) No person sha1l take any action designed to cause the assignment of
any proceeding to a particular judge. The method of assignment shall assure

that. the identity of the assigned judge will not be disclosed by the clerk, nor

by any member of his staff, nor by any other person, until after filing. It.
shall also be designed to prevent any litigant from choosing the judge to whom

an action or proceeding is to be assigned. Any attempt by any attorney to vary

this inLent shall constitute grounds for discipline, including disbarment.

(c) Voluntary Nonsuits. When the plaintiff takes a voluntary nonsuit in a

case and subsequently refiles that same case, the clerk will assign it to Ehe

judge who handled it at the time of t.he entry of the nonsuit order

To assist the Court, and the Clerk's office in carrying out the provision of
this rule, the refiled complaint shall contain a brief paragraph identifying,
by style and case number, the former proceeding in which t.he voluntary nonsuit
was enLered and the name of the judge handling the case at the time of Lhe entry
of said voluntary nonsuit, order.

& b .adopted and effective May 1, 1980

adopted and effective JuIy 15, 1980

a

c



10

., l

RIITE 7

PREPARATION OF PROCESS

(a) Counsel shall be responsible for preparing all process on forms to

be supplied by the Clerk. l{hen'process is to be served by the United Statee

llarshal, counsel shall cooplete the required forn.

(b) Servi.ce of process shall be in accordance with Rule 4 of the Federal

Rules of Civil Procedure.

(c) The attorney seeking service of ptocess by certified mail uPon a

pleading filed in the Eaetern and l{estern Districts of Arkansas. shall proceed

in accordance with Rule 4 of Ehe Arkansae Rules of Civil Procedure.

(d) l{hen such service by certified mil has been corpleted, the attomey

shall file an affidavit with the Clerk reflectiog conpletion of service nith a

copy of the return receipt attached.

Adopted ttarch 2, 1981 and effective ltay l, 1981

Revised ltay 1, 1985



RTITE 8

EKTENSION OF TII'E TO PTEAD

If the tinc originally prescribed has not expircd and if all counsel

consent in writing, the Clerk nay enter an order extending for not aprc than

fifteen days t[c tirEc to file a responsive pleading or to respond to discovery.

Thc Court Eay suspcnd, altcr, or rescind the order on its own ootion or upon the

notion of a party. A11 othcr extensions of time shall require approval by the

Court, except that when the appropriate judge is not available' apProv8l may be

$rantcd by anothcr judge or a magistrate.

Adopted and effective llay l, 1980

ll



,}

RUI.E 9

ISSUANCE Otr SU!}IONS FOR SERVICE OUTSIDE TI{E STATE

RuIe 9 as adopted and effective ltay 1, 1980, has been rendered obsolete

by Rule 4 of the Federal Rules of Civil Procedure.

Adopted and effective llay 1, 1980

Revised ltay l, 1985

t2



t

RULE 10

REMOVAI OF FITES OR WITI{DRAI{IAL OF PAPERS AND E}G{IBITS

(a) Temporary RemovaI. No record or material may be removed from the

Clerk's office without, written leave of the Court previously obtained except by

a masLer, auditor or other person Lo whom the record or material has been refer-
red. Any person withdrawing any record or material shall give to the Clerk at
the time of withdrawal a receipL specifying the items withdrawn, the dat,e of
withdrawal and the date the item is to be returned.

(b) Permanent Withdrawal. The Court may by prior order permiL a docunent

or exhibit to be permanently withdrawn from the file maintained by the Clerk;
but the party reguesting the same shalI furnish the Clerk a receipt and an

appropriaLe replacement..for the original. The replacement shall then be filed
in lieu of the withdrawn original.

(c) Judge's Files. In no event shall the Judge's files be removed or

examined without order of the Court.

(d) Custody of Exhibits.
(1) All exhibits offered in evidence, whether admit.ted or excluded,

shall be held in the custody of the Clerk until the trial of the cause is
completed. Exhibits offered at. trial shaIl be marked for identification by

the C1erk. During the course of the t.rial, Lhe Court may permiL counsel Lo

withdraw or substitute exhibit,s. At the end of the Lrial t.he Clerk or the

CourLroom Deputy acting for the Clerk is directed Lo return to respective
counsel all exhibits introduced during the trial, and to obtain a receipt
therefor from counsel. The exhibits are to be ret.ained by counsel until
the time for filing not.ice of appeal has expired.

(2) Upon the filing of a notice of appeal, or at any other time,

counsel shall, upon request by the Clerk, reLurn Lhe exhibits to the Clerk

within 24 hours after such request is made. Sensitive exhibits such a.s fire-
arms, explosive devices, untaxed whiskey, counterfeit money and narcotics
are excluded from this porLion of the order pertaining to returning exhib-
its to the Clerk. During the trial of a cause Lhe sensitive exhibit.s named

above shall be retained by the UniLed StaLes Attorney or the representative
of the agency of Lhe United States involved in that. particular cause.

13



.l

a

d

(3) Upon the return of a not guilty verdict in a case in which'a

sensitive exhibit has been introduced and it is questionable whether the

exhibit should be returned to Lhe defendant, the Clerk is directed to take

custody of the exhibit pending an order from the Court for its disposition.
(4) In the event of a mistrial, it'shall be the responsibility of

counsel Lo preserve and protect the exhibiLs which will be needed for the

retrial.
(5) If a case is taken under advisement by the Court and the Court is

of the opinion that the exhibits will be needed in preparing its findings

of fact and conclusions of law, or in the writing of its memorandum opinion,

the Court shall then direct thaL the exhibits be retained by the courtroom

deputy.

thru c adopted and effective May 1, 1980

adopted and effect.ive November 22, L982

r4



RUIE 1l
. TI}18 FOR FILING I'NDER TED.R.CIV.P. 5(d)

Five days is hereby construed to be a "reasonable time" after service with-

in which papers shall Ue fited under the provisions of Fed.R.Civ.P. 5(d).

Adopted and effective May l, 1980

15



RULE 12

PHOTOGRAPHING, BROADCASTINC, TELEVISING AND
. RECORDING IN COURTROOM AND ENVIRONS

(a) The taking of photographs, the recording by any means other than
the official Court Reporter or the radio or television broadcasting (or making
of audio or video tapes) in any courtroom or its environs, utilized by either United
States District Court in Arkansas during the progress of or in connection with
any judicial'proceedings, including proceedings before a United States Magistrate,
is PROHIBITED, except as hereinafter provided, and regardless whether such
hearing or proceeding takes place on public or private property or in the office
or chambers of a judge or magistrate or otherwise.

(b) The taking of photographs, still or motion pictures, and audio and
video tapes, of ceremonies and interviews, including administration of oaths of
applicants for citizenship and to executive and judicial officers, may be permitted
with leave of the Court or the officec in charge thereof; provided that the
cerernonies and interviews are not connected with any judicial proceedings.

"Judicial proceedings", as used herein, shall include att judiciai proceedings, whether

.civil 
or criminal, and whether pending, on appeal or terminated.

(c) 'rEnvirons", as used in this Rule, shall include the part of any f"O"r"f
Building within the District set apart for the United States District Court and
its facilities, including chambers of the Court, other facilities of court officiats
and adjacent hallways.

(d) Exception for Media Representatives to make Audio Tapes. Duly
identified and authorized representatives of the print, radio and television media
may unobtrusively make audio tapes during trials and hearings in open court solely
for the purPose of assuring the accuracy of reports. The only official record of
such proceedings shall continue to be that made by the official Court Reporter
and the Clerk in accordance with law. Proper prior arrangements for the making
of such audio tape recordings shall be made where necessary to avoid any
interruption or interference with such proceedings. Audio tape recordings made
pursuant to this exception may not be broadcast or rebroadcast to the public,
transferred or sold, or used as such for commercial purposes.

Adopted and effective May I, l9BO.

Subparagraph (d) adopted and effective September I, lgg6.

IA



J

RUTE 13

COMUT'NICATIONS I{ITH COURT

(a) Attorneys sha1l not comrunicate in writing with the Court concerning

any pending case unless copies of the writing are served on all attorneys for
aII other parties in the case. Attorneys shall not furnish the Court, copies of
correspoodence among themselves relating to natters in dispute which are not

then before the Court for resolution. Such dispute should eiLher be settled by

counsel or oade the subject of a forual motion. This rule has special applica-

tion to correspondence relating Eo specific money demands and offers in settle-
ment.

(b) Ex parte oral comunications with the Court on substantive matters by

counsel or a party concerning a pending action are prohibited except when per-

mit,ted by Federal Rules of Civil or Crininal Procedure.

Adopted aad effective ltay l, 1980

t7



RUIE 14

STIPUTATIONS BY COT'NSEI

The Court, will not recognize any agreement between counsel, if counsel

differ as to its terms, unless the agreement has been reduced to writing.

Adopted and effective Hay 1, 1980

18



fr RUIE 15

INTERROGATORIES AND R.EQUESTS FOR ADMISSIONS

(a) ParLies answering inLerrogatories under Fed.R.Civ.P. 33 or requesLs

for admissions under Fed. R.Civ.P. 36 shall repeat the inLerrogatories or

requests being ansvJered immediately preceding the answers

(b) A blanket objection to a seL of inLerrogatories or requests for
admissions wiIl not be recognized. Objections musL be made to the specific
interrogatory, request for admission or Lo a part thereof if it is compound.

It. is noL sufficienL to sLaLe that t.he interrogatory or request for admission

is burdensome, improper or not relevant. The ground or grounds for the

objection must be stated wiLh parLicularity

(c) InLerrogatories and requests for admission and parts thereof to which

specific objections have not been made must be answered in the lime and manner

provided by the Federal Rules

(d) Interrogatories and answers t.o interrogatories wilI not be filed with

the Clerk of the Court except as provided in RuIe 3(f), (g) and (h) of these

rules. When interrogatories have not been sufficiently answered, counsel. may

file a motion to compel, ident.ifying with specificity lhose inLerrogatories to

be answered more fully.

(e) Requests for admissions will not be combined with other discovery

material or documents. If Lhey are combined the document. will noL be accepted

for filing.

Adopt.ed and effective May 1, 1980

d & e adopLed and effective May 1, 1985

19



RIIIE T5

CONTINUANCES

(a) No motion for continuance of any hearing will be granted. except for
good caure.

(bJ In no Case will an agrecoent by couaael for a continuance be recoS-

aizcd except by conecnt of the Court.

(c) Cascs set for trial but not reached oo that day ghall retain th.eir

relative poeition on thc trlal caleodar to thc cxtent practicable.

(d) . Thc Court Lsy condition a continuance upon the payncnt of the expenses

cauacd to thc othcr pertlcr end of Jury fecr lncurrcd by the Court.

Adopted and cffcctive llay 1, 1980

'v

20



:l-

RUI.E 17

NOTICE OT SETTI,E}iEM

llhen a case set for trial is settled out of court, it shall be the duty of
counsel to Bo inform the Clerk and the Court as soon as practicable. In a civil
caie the Court may require counsel who violate this rule to pay Lhe per diem of
all jurors who attend court uooecessarily becauge of counaelts delay in notify-
ing the Clerk of the ecttlcoenL.

Adopted and effcctivc l{ay 1, 1980

2l



Rt[E 18

. }IA}TDATE OF AI{ APPETTATE COI'RT

When a cause is remanded by an appellate court and furLher proceedings are

not required, the order of the appellate court shall be the order of the

DistricL Couft and shall be entered by the Clerk.

Adopted and effective MaY l, 1980

22



t.

?UtE 19

SATISFACTION OF JUDGTIENTS

. (a) Satisfaction of a judgment shall be noLed by the Clerk on the margirt

of the record of the civil judgment book upon the happening of atly of the

fo llowing:

(l) The filing with Lhe clerk of a wriLLen satisfacLion of judgmenE exe-

cuted by the judgment creditor or his atLorney of record.

(2) The fili.ng wit,h Lhe Clerk of a return to an execution by the United

States llarshal showing the judgment collecEed by the LlarshaI.

(3) The payrnen! of the judgment, or Ehe fine imposed into Lhe Registry oI

Lhe CourL

(b) A judgment creditor or his attorney of record may also note satis-
' faction of judgrnent on the margin of record of the civil judgment book. The

Clerk shall aLtest sueh notation.

Adopted and effective May 1, 1980

23



tr

RULE 20

MOTIONS

(a) All motions except those mentioned in paragraph (d) shall be accompanied

by a brief consisting of a concise statement of relevant facts and applicable law.

Both documents shall be filed with the Clerk, and copies shall be served on all other

parties affected by the motion.
(b) Within eleven days from the date copies of a motion and supporting papers

have been served upon him, any party opposing a motion shall serve and file with

the Clerk a concise statement in opposition to the motion with supporting authorities.

For cause shown, the Court may by'order short€n or lengthen the time for the filing
of responses.

(c) If a motion requires consideration of facts not appearing of record, the

parties may serve and file copies of all photographs, documents or other evidence

deemed necessary in support of or in opposition to the motion, in addition to affidavits
required or permitted by the Federal Rules of Civil Procedure.

(d) No brief is required from any party, unless otherwise directed by the

Court, with respect to the following motions:

;: .,. (l),,^; To extend time for the performance of an act required or allowed

to be done, provided request is made before the expiration of the period originally

prescribed, or as extended by previous order.

Q) To obtain leave to file supplemental or amended pleadings.

(3) To appoint an attorney or guardian ad litem.
(4) To permit substitution of parties or attorneys.

(e) Pre-trial motions for' temporary restraining orders, motions preliminary

injunctions, and motions to dismiss, shall not be taken up and considered unless set

forth in a separate pleading accompanied by a separate brief.
(f) . The failure io timely respond to any nondispositive motion, as required

by the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure,

or by any local rule, shall be an adequate basis, without more, for granting the relief
sought in said motion.

(a) thru (d) adopted and effective May l, 1980

(b) amended to change to eleven days effective July I, 1988

(e) adopted and effective July 14, 1986

(f) adopted and effective July l,1988

24



RUIE 21

PRE-TRIAI CONFERENCE

(a) Generally. Any party may request that a case be set for pre-Lrial
conference. The request shall specify the purposes to be accomplished and must

be approved by the Court. The Court, on its own motion, may designate any case

for pre-tria1 conference.

(b) 'Information Sheet Filing. Seven days before t.he date set for pre-

trial conference, each party shall file with the Clerk a completed pre-trial
information sheet in the form which follows this Rule. Copies shall be senL to

the Judge wiLh a copy to all other parties.

(c) Conducting Conferences; Presence of Counsel and Parties. The pre-

trial conference will be conducted by the Judge who is scheduled to preside at

the trial. However, the Judge may refer specific cases to be pre-tried by a

full-time magistrate. The trial counsel shall attend Lhe pre-trial conference.

Parties or their representatives shall also attend when so directed by the Court.

AII pre-trial conferendes shall be conducted in accordance with Fed.R.Civ.P. 16.

Adopted and effective May 1, 1980

25



OUTTINE FOR PRE.TRIAL CONTERENCE

INFORMATION SHEET

The Pre-trial Conference InformaLion Sheet shall containl
(1) The identity of the party submitting information, place and time of

pre-trial conference.

(2) The names, addresses and telephone numbers. of all counsel for the

party.
(3) A brief summary of claims and relief sought-

(4) Prospects for settlemenL, if any. (Note: The Court expects aLtorneys

Lo confer and explore possibility of settlement prior to answering

these inquiries).
(5) The basis for jurisdiction or objections to jurisdiction.
(6) A list of pending motions.

(7) A concise sunmary of facts.
(8) A11 proposed stipulations.
(9) The issues of fact expected to be contested.

(10) The issues of law expected to be cootested.

(11) A list aqd brief description of exhibits that will.be offered in
'evidence

(12) A list and brief description of charts, graphs, models, schematic

diagrams and similar objects which will be used in opening statement

or closing argumenE whether or not they will be offered in evidence.

(13) The names, addresses and telephone numbers of witnesses who will be

called, excluding witnesses to be used solely for impeachment or

rebuttal. (Indicate the oature of the testimony to be given by each

witness, i.e. liability, expert, property damages, pain and suffering,

etc. )
(14) Any request to amend pleadings.

(15) The current status of discovery, a precise statemenL of the remaining

discovery and an estimate of the time required to complete discovery.

(15) Suggestions for expediting disposition of the action.
(17) An estimate of the length of trial.
(18) The signature of the attorney.
(19) Proof of service.

Adopted and effected May 1, 1980

26



RULE 22

IAND CONDEMNATION PROCEEDINGS

(a) For each t.rial unit (that. is, an orr,nership or economic uniL for which

just compensaLion is required by substantive law to be separately determined in
a single stun), there shall be a separate civil action. The condemning authority
shall make the initial determination of the idenrity of such trial units but.

this determination shall be subject to revision by the Court as the interests

of justice and t.he convenient administration of ihis business of the Court may

require. A single declaration of taking, complaint or notice of condemnation

may include one or more tracts, trial units or ownerships. l'Jhere a complaint,

declarat.ion of takin! and notice of .condemnation including more than one trial
unit are filed, the Clerk shall establish a civil action file for each trial
unit and shall file the initial 'pleadings in lhe lowest-numbered civil action

file. Higher-numbered civil acLion files shall bear a notation indicating the

place where such docurnents are filed. Any pleading, motion, order or ot,her

document. filed ai. the Eime of or afte.r the filing of the complaint, notice of

condemnation or declaration of taking which affecLs all trial uniLs may be filed
by the Clerk in such file only, but Lhe condemning authority may, and at the

direction of the Court shall, furnish !o the Clerk additional copies for filing
in the other civil action files. Condemnation civil action files shall be num-

bered consecutively in the same sequence with other civil actfons. The complaint

and notice of condemnation shaIl indicate, by tabulation or otherwise, what

lands are included in each civil action. When a condemnation complaint, declar-
ation of taking and notice of condemnation involve more than one civil action,

aII of the civil act.ion numbers involved shall be included in t.he captions of
those docunents.

(b) At the request of t.he attorney for the condemning authority, upon the

filing of a declarat.ion of taking, the Clerk shall forthwith assign civil action

numbers as may be required for each trial unit, and the condemning authority
shall proceed t.o file t,he complaint, notice of condemnation and other initial
pleadings expeditiously and in any event within four days.

27



(c) Pleadings and other documents in a condemnation case need noL be

typed but may be produced by any process which produces documents substantially

equivalent in size and legibility to typewriter ribbon copy prepared in con-

formity with Rule 3 of these rules. When a pleading. so produced is filed, the

original shall be signed by the attorney for the party filing it and the signed

original shall be labeled as such on iLs face in some conspicious manner.

(d) When a condemnation case involving more than one civil action is filed,
each civil action shall be assigned randomly t.o a judge in the manner of assign-

ment of ordinary civil actions; but any motion affecting all or several of such

civil actions may be presented to the judge Lo whom is assigned the first of

such civil actions affected, or in the absence of thaL judge to the judge to

whom the second is assigned, and so on until a judge is available.

(e) Civil actions in conderqnation cases may be set for trial of the issue

of just compensaLion, or for hearings or trials of other issues, singly or in

groups as may be convenient to the Court and parties. When set in groups, no

consolidation is required, but the Court shall give such insLructions, require

such forms o. nr.rrbu.s of verdicts, and make such findings and orders as shall

preserve the rights of all the parties under substantive law.

Adopted and effective May 1, 1980

Revised effective August 3, 1981

28



RUIE 23

I'NITED STATES MAGISTMTES

The duties and jurisdicLion of Unit.ed States MagistraLes shaII be as

provided for in 28 U.S.C. Sec. 636 and in Rules 5 and 5.1 of Lhe Federal Rules

of Criminal Procedure.

I. MISDEI'IEA}IOR JURISDICTION

Under the conditions required by law, the full-time Magistrates are desig-

nated to try persons accused of, and to sentence persons convicted of, misde-

meanors as defined by U.S.C. Sec. 3401. They are authorized t.o direct. the United

States Probation 0ffice to conduct presentence investigations, render reports,
and provide other necessary services. The Clerk shall automatically refer all
misdemeanor cases thaL are initiated by information or indictment or are trans-
ferred to this district under Rule 20 of the Federal Rules of Criminal Procedure

to a Magistrate for plea and arraignmenL. If the defendant in such cases con-

sents to the Magistraters jurisdiction, further proceedings shall be conducted

before the Magistrate. AII part-Lime Magistrates in both districts are also

designated t.o try misdemeanor cases. In the Eastern District, Ehe part-time

Magistrates shal1 exercise this juiisdiction when specifically referred a case

by a District Judge or a full-time Magistrate.

II. FORTEITT'RE OF COTLATEMI,

The full-time Magistrates shall
system. (Also see a general order of
details).

oversee the ForfeiEure of Collateral
the Court of each district for more

III. COMMITTIENT TO ANOTI{ER DISTRICT

The Magistrate shaIl conduct proceedings pursuanL to Federal RuIes of

Criminal Procedure 40.

IV. CRIMINAT PRETRIAT

A Magistrate may conduct post-indictment arraignments. In felony cases,

he shall accept not guilty pleas and refer pleas of guilty to a District Judge,

or if no District Judge is immediately available, the Magistrate shall enter a

not guilLy plea for the defendant and schedule a time for Lhe defendanE to

appear before a District Judge and enter a change of plea.

29



v. SUBPOENAS AI'ID IIRITS

A Magistrate may issue subpoenas, writs of habeas corpus ad testificandum

ad prosequendum or other orders necessary to obLain t.he presence of parties

witnesses or evidence needed for court proceedings, either civil or criminal.
or

or

VI. I,IOTIONS TO DISMISS

A Magistrate may hear

indictment, information or

and decide motions by the government. to dismiss an

complaint without prejudice to further proceedings.

VII. REFERENCE OF NON.DISPOSITIVE I'IATTERS

A. Reference

When designated by a District Judge, and as limited by 28 U.S.C. Sec.

636(b)(1)(A), a Magistrate may hear and deLermine any pretrial matt.ers

pending before the Court, including, but noL limited to, procedural and

discovery motions, pretrial conferences, omnibus hearings, docket ca11s,

setLlement conferences, and related proceedings.

B. AppeaI

In aII matters delegated under authority of 28 U.S.C. Sec 636(b)(1)(A),

a Magistrate's decision is final and binding and is subjecL only Eo a righL

of appeal to Ehe District Judge to whom the case has been assigned. 
, 

A

party may appeal the Magistrate's ruling by filing a motion within t.en (10)

days of the Magistraters decision unless a shorter period is set by the

District Judge or Magistrate. Copies shall be served on aII oLher parties
and the Magistrate from whom the appeal is Eaken. The moLion shall specifi-
cally state the rulings excepted to and the basis for the exceptions. The

Court may reconsider any matter sua sponte. The District Judge shall
affirm the Magistraters findings unless he finds them to be clearly erro-
neous or contrary to law.

VIII. DISPOSITIVE MATTERS

A. Reference - General

A District Judge may designate a Magistrate to conduct hearings, in-
cluding evidentiary hearings, and to submit proposed findings of fact and

recommendations for the resolution of any dispositive matters, including,
but not. Iimited to, the following:

30



1. motions by the defendant to dismiss or quash an indictment or

information;
2. motions Lo suppress evidencel

3. applications to revoke probation, including the conduct of the

"final" probation revocation hearingl

4. motions for temporary restraining orders and preliminary injunc-
tions I

5. motions to dismiss for failure to staLe a claim upon which relief
may be granted;

5. motioos to dismiss an action and to review defaul! judgment;

7. motions to dismiss or to permit the maint,enance of a class actionl
8. motions for judgment on the pleadings or for sunmary judgment;

9. cases involving Ehe granting of benefits to claimants under the

Social Security Act and the "black lung" benefit laws I

10. cases involving the adjudication by the Civil Service Conurission

of adverse employee actions, retirement eligibility and benefits
questions; and the rights of employees in siLuat.ions such as

reductions in force.
B. Reference - Prisoner Petitions

A Magistrate shall have the following responsibilities with regard to

prisoner petitions:
1. review of prisoner correspondence and petiEions concerning 28

U.S.C. Sec. 2254 an.d 42 U.S.C. Sec. 1983 mattersl

2. preparation and distribution of forms required by the Rules

Governing Sec. 2254 Cases (28 U.S.C. Sec. 2254);

3. entry of orders auLhorizing the petitioner to proceed in forma

pauperis without the prepayment of costs or fees;

4. issuance of all necessary orders to ansvJer or to show cause or

any'other necessary orders or writs to obtain a complete recordl

5. taking of depositions, conducting pret.rial conferences, and con-

ducting evidentiary hearings or other necessary proceedings in
order tb obtain a complete record; and

6. where appropriate, the Rules Governing Sec. 2254 Cases shall also

apply to pro se cases brought under 42: Sec. 1983. Specifically,
Rule 5 of these Rules concerning discovery shaII aPply

31



C. Objection
t{tren a Uagistrate files proposed findings or 

.recolnlllendaLions 
with the

Court, he shall mail a copy to all parties. Within ten (10) days after
being served wilh a copy, any party may serve and file written objections

to such proposed findings, recommendations.or order. The District Judge

must make a de novo determination of any matters which have been sPecifi-
cally objected to by the litigants, but this does not necessarily require

the Judge to conduct a hearing on contested issues. In some instances, it
may be necessary for the District Judge to modify or reject t.he findings of

the Magistrate, to take addit,ional evidence, recall wiEnesses, or recomrnit

the matter to the Magistrate for further proceedings.

D. Statement of NecessitY

A party objecting to the Magistraters proposed findings and recom-

mendations who desires to submit new, different or additional evidence and

to have a hearing for this purpose before the DisLrict Judge will file a

"statement of necessitytt aE the time he files his written objections., and

which shall state:
1. why the record made before the MagistraLe is inadequatel

2. why the evidence to be proffered (if such a hearing is granLed)

was not offered at the hearing before the Magistratel and

3. the details of any testimony desired to be introduced in the form

of an offer of proof, and a copyr oE the original, of any docu-

mentary or other non-testimonial evidence desired to be introduced.

From Ehis subnission, the District Judge shall determine the necessiEy

for an additional evidentiary hearing, either before the Magistrate or be-

fore the District Judge.

IX. MASTER REFERENCES

When designated by a District Judge, a Magistrate may:

A. serve as a special master in accordance with the provisions of

RuIe 53 of Ehe Federal Rules of Civil Procedure, or, upon consent of the

parties, wiLhout regard to the provisions of Rule 53. He may also hear

testimony and submit a report and findings on complicated issues in jury
and non-jury cases;

B. conduct evident,iary hearings and prepare findings in employment

discrimination cases as a master under 42 U.S.C. Sec. 2000(e)(5); and

32



fr

C. conduct. hearings ard resolve specific issues in patent,

and other complex cases where there are a great. many issues,

docurnents, or in multiple disaster and class acLion cases where

nunerous claimants and diverse claims

antitrust
claims and

there are

X. CIVIT CONSENT JIIRISDICTION

A. Special DesignaEion

The ful1-time Magistrates of both districLs are specially designaEed

by the Dist.rict CourL to conduct any or all proceedings in jury or non-jury

civil matters upon the consent of the parties
B. Reference

(1) Notice. The Clerk shall give the plaint.iff notice of the Magis-

trate's consent jurisdiction, in a form approved by the Court, when a civil
suit is filed. The Clerk shall also attach the same notice Lo the summons

for service on the defendanL.

(2) Consent. Any party may obtain a "consent to Magistrate's Juris-
diction'r form from t,he Clerk's office. No consent form should be returned

to the Clerk's office (nor should any be accepted by the Clerk) unless all
parties to the action have signed the same Cbnsent form.

Unless otherwise specifically requested by Lhe party seeking the

Consent form, the Clerk shall furnish the party with Consent Form A, which

shall provide thaL any appeal in the case shall be t.aken directly to the

Circuit Court, of Appea1s. The Clerk will also have available Consent Form

B, which shall provide for any appeal in the case to be taken to the

District Court
(3) Transfer. 0nce the completed form has been returned to Ehe Clerk,

he shall then draw by lot, the name of a llagistrate and forward the Consent

form for final approval to the District Judge to whom the case is assigned.

When the District Judge has approved the transfer and returned the Consent

form to the Clerk's office for fiting, the Clerk shall forward a copy of

the Consent form to the Magistrate to whom the case is assigned. The Clerk

shall also indicate on the file that the case has been assigned to the

MagisLrate.

33



(D Appeal to the District Court. The parties may'consent to take any
appeal to the District Judge to whom the case was originally assigned. Such

appeal shall be taken in the same manner as an appeal from a judgment of
the District Court to the Court of Appeals under the F.R.A.P. Consent Form
B must be used for appeal to the District Court. After disposition of a case

by the Magistrate, a judgment shall be entered by the Clerk, using the same

format as a District Court judgment.

XI. OTHER REVIEWABLE MATTERS

Rulings, orders or other actions by a Magistrate in the District, review of
which is not otherwise specifically provided for by law or these rules, shall,
nevertheless, be subject to review by the District Court as follows:

A. Any party may file and serve, not later than lO days thereafter an

application for review of the Magistrate's action by the District Judge having
jurisdiction. Copies of such application shall be served promptly upon the
parties, the District Judge, and the Magistrate.

B.'After conducting whatever further proceedings he or she deems appropri-
ate, the District Judge may adopt or reject, in whole or in part, the action taken

by the Magistrate, or take such other action he or she deems appropriate.

I thru X adopted and effective May I, 1980.

XI adopted and effective June 26, 1981.

VIII B 6 adopted and effective October l, 1982.

X revised and effective January l-2, 1988.

\r

34



(Form A) IN THE T]NITED STATES DISTRICT COI'RT

DISTRICT OF ARKAI.ISAS

DIVISION

CONSENT TO PROCEED BEFORE
A T'NITED STATES MAGISTMTE

(Appeal to the Court of Appeal)

In the Matt,er of

v. CASE NO.

The undersigned parties (or counsel, if so authorized) to the above-captioned
proceeding are fully aware of the right to proceed before a judge of the dis-
trict court and do hereby consent to the reference of the matter to a United
States Magistrate, in accordance with section 536(c) of title 28, United States
Code, and the rules of this court.

The magistrate shall be empowered to conduct any or all further proceedings
and to order the disposition of the matter and the entry of an appropriate
judgment. An appeal from the judgmenL shall be taken to t.he United States
Court of Appeals for this judicial circuit.

PTAINTITTS DAlE DEFENDA!{TS DATE

*rhhk*H

ORDER OF REFERENCE

IT IS ffiREBY 0RDERED that the above-captioned maLter be referred to

for the conduct, United SLat,es Magistrate,
(drawn by Clerk of Court)

of further proceedings and the eutry of judgment

consent

in accordance with the foregoing

(United States District Judge)

35

(Date)



(FoTm B) IN TI{E IJNITED STATES DISTRICT COURT

DISTRICT OF ARKANSAS

DIVISION

CONSENT TO PROCEED BEFORE

A T'NITED STATES MAGISTRATE
(Appeal to thi District Judge)

In. the Matter of

v. CASE NO.

The undersigned parties (or couosel, if so authorized) to the above-captioned
proceeding are fully aware of the right to proceed before a judge of the dis-
trict court and do hereby consent to the reference of the matter !o a United
States Magistrate, in accordance with section 536(c) of title 28, United Stat'es
Code, and the rules of this court.

The magistrate shall be empowered to conduct any or all further proceedings
and to order the diipositiou of the matter and .the entry of .an appropriate
judgment. An appeal from the judgment shall be taken t,o a judge of this United
St.ates District Court.

PI.AINTIFTS DATE DETE}IDA}ITS DATE

' ,nkink*lk[',l*

ORDER OF RETERENCE

IT IS HEREBY ORDERED that the above-captioned matter be referred to

, United States Magistrate, for the conduct
(drawn by Clerk of Court)

of further proceediugs and the entry of judgment in accordance with Lhe foregoing

consent.

(Uuited States DisErict Judge)

36

(Date)



NOTICE OF RIGHT TO CONSENT TO DISPOSITION

OF A CIWL CASE BY A UNITED STATES MAGISTRATE

In accordance with the provisions of 28 U.S.C. Sec. 636(c) you are hereby notified

that upon the consent of all the parties in a civil case, a United States Magistrate

of this district court may be authorized to conduct any or all proceedings, including

trial of the case and entry of a final judgment. Copies of appropriate consent forms

are available from the clerk of the court. Consent Form A shall provide for any

appeal of the case'to be taken directly to the circuit court of appeals and Consent

Form B shall provide for any appgal in'the pase to.be.Jakento-the-distpiet-eour

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

disposition of your case before a United States Magistrate is entirely voluntary and

should be communicated to the clerk of the district court.

' Revised and effective January l-2, 1988.

3?



NOTICE OF RIGHT TO CONSENT TO DISPOSITION

OF A CIVTL CASE BY A UNITED STATES MAGISTRATE

In accordance with the provisions of 28 U.S.C. Sec. 636(c) you are hereby notified

that upon the consent of all the parties in a civil case, a United States Magistrate

of this district court may be authorized to conduct any or all proceedings, including

trial of the case and entry of a final judgment. Copies of appropriate consent forms

are av.ailable from the clerk of the court. Consent Form A shall provide for any

appeal of the case to be taken directly to the circuit court of appeals and Consent

Form B shall provide for any app-gal in the .case.to.be.takento-the4istriet-eourt

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

disposition of your case before a United States Magistrate is ehtirely voluntary and

should be communiceted to the clerk of the district court.

Revised and effective January I-2, 1988.

37



(A) The clerk
cases which contain

Action Docket. t'

RULE 24

CTASS ACTIONS

of the court will naintain a

Rule 23 allegations. Said

separate docket

dockeL shall be

for those civil
entitled t'Class

(B) Caption and Class Action Allegations.
tained as a class action:

In any case sought to be main-

(1) The conrplaint shall bear the caption "Complaint - Class Action[

next to, or under, the style of the case.

(2) The complaint shall conLain a separate paragraph captioned "Class

Action Allegations" which sha11 set forth, inter alia:
(a) A reference to the portion or portions of Fed.R.Civ.P. 23

under which it is claimed that the suit is properly malntainable

as a class actionl and

(b) Allegations in support of this c1aim, including, but not

necessarily limited to:
(i) Ehe size (in numbers) or aPproximate size and defini-
tion of the alleged and proposed class i

(ii) the basis upon which the plaiatiff claims (a) to be an

adequa.te representative of the class, or (b) if the class

is composed of defendants, the basis uPon which plaintiff
claims that the named defendant (or defendants) is an ade-

quate representative of the classl
(iii) the specific questions of law and fact claimed to be

common to any class alleged; and

(iv) in actions clained to be maintainable as class actions

under Fed.R.Civ.P. 23(b)(3), allegaLions in support of the

findings required by that subdivision.
(3) Within 90 days after the filing of a complaint in a class action,

uoless this period is extended on motion for good cause filed prior to

the expiration of said 90 day period, the plaintiff shall move for a

determination under Fed.R.Civ.P. 23(c)(1) as to whether the case is to

be maintained as a class action. The motion shall particularize the

facts believed to warrant class or subclass certification and indicate

if those facts have been established by stipulations, admissions or

38



discovery. If a hearing is believed necessary, the motion shall so

state. The other parties shall respond to said motion within ten (10)

days specifically admitting or denying the facts alleged and setting

forth any additional or contrary facts believed pertinent to the class

action determinations required. Such responses shaIl also state whether

a hearing is believed necessary. Both the motion and responses shall
be accompanied by a memoranduro of law covering aII issues relating to
class cert,ification. In ruling upon such a motion, the Court may

allow the action to be so maintained, strike the class action allega-

tions r or postpone lhe determination pending further discovery or

other preliminary proceedings. Whenever possible, where it is held

that.the determination should be postponed, a date will be fixed by

the Court for renewal of the motion. Nothing in this rule shall limit
the power of the Court to advance the determination of class action

issues to a time prior to the expiration of the ninety (90) day period.

Failure to move for class determination and certification within
the tine required herein shall constitute and signify an intentional
abandonrnent and wai.ver of aII class action allegaLions contained in the

complaint and same shall proceed as an individual, non-claSs action

thereaft,er and shall be t.ransferred by the Clerk frqm the Class Aclion

Docket to the regular civil docket. If any moLion for class'determina-

tion or certification is filed after the deailine provided herein, it
shall not have the effect of reinstating the class allegations unless

and until it is acted upon favorably by the Court upon a finding of

excusable neglect and good cause

(4) The foregoing provisions shall apply, with appropriate adapta-

tions, to any counterclaim ot cross-claim alleged t.o be brought for
or against a class.

Adopted and effect May l, 1980

39



I

RULE 25

JURY EXTRANEOUS PREJUDICIAL INFORMATION

In conformity with RuIe 606(b), Fed.R.Evid., counsel should under

no circumstances inquire as to a matter or statement occurring during the

course of the jury's deliberations or to the. effect of anything upon his or

' 'any other jurorts mind or emotions as influencing him as to assent to or dissent

from the verdict or indictment or concerning his mental processes in

connection therewith. If counsel secures information that extraneous

pnejudicial information was improperly brought to the jury's attention or

that outside influence was improperly brought to bear upon any juror, the

information should be immediately communicated to the court with notice

to opposing counsel. Any investigation as to improper influence upon the

jury should be conducted under strict supervision of the court.

Adopted and effective January 2, l98l

Amended July l, 1988

40



RUI.E 26

CO}'MTINICATIONS BY U.S. ATTORNEY REGARDING

PERSONS SENTENCED BY THIS COURT

The United States Attorney and his staff shall not communicate in writing
with the United States Bureau of Prisons, the United StaLes Parole Commission

or the United States Probation Office concerning any person remanded to the

custody of the Attorney General by this Court following the sentencing of that
person unless the United States Attorney shall furnish copies of the comunica-

tion to the sentencing judge. If the United States Attorney communicaLes orally
with the Bureau of Prisons, the Parole Conmission or the Probation Office con-

cerning such a person, he shall reduce the substance'of the communication to
writing and furnish copies to the sentencing judge. The sentencing judge shall
then determine whether such cormunications should also be transmiLted to the

defendairt, and/or his attorney.

Adopted and effective February 1, 1982

Revised Septenber l, 1982

41



RUI.E 27

ATTORNEYS' FEES

(a) In any case in which an aLtorneyts fees are recoverable under the law

applicable to that case, a motion for attorney's fees shall be filed with the

Clerk, with proof of service, withiu 14 days after the entry of judgment or an

order of dismissal under circumstances permitting the allowance of attorneyrs

fees. 0bjections to an allowance of fees must be filed within 10 days after

service on the party against whom the award to attorney's fees is sought.

(b) 0n its own motioa, the Court may grant an allowance of reasonable

attorneyrs fees to a prevailing party in appropriate cases.

(c) The petitioner shall attach to his motion an affidavit setting out the

time spent in the litigation and any factual matters pertinent to the petition

for attorney's fees. The respondent nay, by counter-affidavit, conLrovert any of

the factual matters contained in the petition and may assert any factual natters

bearing on the award of attorney's fees.

(d) A failure to preseat a petition for an award

considered by the Court to be a waiver of any claim for

Adopted and effective September 1, f982

of attorney's fees maY be

alitorneyt s fees.

42



U
RIIIE 28

SIX IIE}IBER JI'RY

In aay civll ce8c, when dcoend for a jury hae becn nadc aB provldcd i-tl

BuIc 38 of the .Fcdcral Rulcc of Clvil Proccdure, thc Court EtYr otr ltg orn

lnitlative, celL e rLx-rclbcr Jury to dcclde the lesuce ln such caBC.

Adoptcd end cffcctlvc Urrcb 14, 1984

43



RTII,E 29

SI]I{I'ARY JIJDGHENT T,IOTION

In addition to the requirements set fortb in Local Rule 20, the following
requirenents shall apply in the case of motions for sumnary judgment.

(a) Any party moviug for sunmarT/ judgment pursuaot to .Rule 56 of the

Federal Rules of Civil Procedure, shall antrex to the notice of motion a separatet

short and concise statement of the material facts as to which it cootends there

is no geuuioe issue to be tried.

(b) If the non-noving party opposes the motion, it shall file, in addition

to any response and brief, a separate, short and concise stadement of the naterial
facts as to which it contends a genuine issue exists to be tried.

(c) AII naterial facts set forth in the statement filed by the moving

party pursuant to paragraph (a) shall be deened adnitted uoless controverted by

the etatenent filed by the non-noving party under paragraph (b).

Adopted and effectivc llarch 14, 1984.

44



RIII.E 30

EXEUPTIONS TROU UAI{DATES OF FED.R.CIV.P. L6

The followiug tJTres of cases are excluded from the mandatory requirements

of initial conferences and scheduling order of Fed.R.civ.P. 16.

_ 1. IRS enforcement actions

2. Eninent domain Proceedings

3. Forfeitures
4. Ilabeas corPus proceedings (both State and Federal)

5. FOIA Proceedings
6. Enforcement of out-of-state judgnent

7. Proceedings referred to Magistrates uoder local rules and appeals from

Magistrater s actions

8. Actions brought by the Uoited States to collect debEs

9. Cases where no service on defendant within 120 days of filing complaint

lO. Prisonersr petitions and Prisonerst Civil Rights actions

11. Student Loan cases

12. Review of adninistrative agency decisions, including Social Security

\- 13. Overpayment of VA benefits
14. Bankruptcy

15. Adnissioa to or revocation of citizenship
16. Actions to compel arbitration, or to set aside/confirm awards

17. Compel testimony or production of documents

18. Attorneys fees/costs.applications
f9. Ilotions to enforce/quash adrninistrative subpoenas

ZO. AI1 cases not reported for statistical purposes as "filed" cases (e.8.,

registration of foreign judgnents, grand jury matters, in forma pauperis

requests which are denied, or disbarment of attorneys)

2L. Cases where court review indicates burden of scheduling order out-

weighs administrative benefits. Failure of the Court to schedule a

Fed.R.Civ.P. 15(b) coaference within LzO days of the filing of the

complaint shall be construed as a finding by the district judge or

magistrate that the burden of scheduling outweighs admioistrative

benefits.

Adopted and effective March 14, 1984

45



RTII^E 3T

ASSESSIIENT FOR OUT.OF.POCKET EXPENSES

RuIe XI(A) of the Appendix to these rules is hereby amended as follows:
(1) The 95.00 assessment fee authorized in RuIe XI(A) may be used to eitab-

lish a "Library Fund" to reimburse attorneys for out-of-pocket expenses when the

attorgey has been appointed under Title 28, United States Code, Section 1915.

These funds shall be used to pay only those expenses where no funds are available

from other sources to cover the out-of-pocket exPenses.

(2) It shall be the sole discretiou of the judges if the funds collected

shall be deposited to the 'rAppendix Rule XI Fund" or to the "Library Fund." Those

fees which have been heretofore collected pursuant to RuIe XI(A) of the Appendix

have been deposited to the "Appendix RuIe XI Fundrr and sha1l remain so deposited

in an int,erest bearing accouot, to be used exclusively for the payment of costs

iacurred in attorney discipline matters.

(3) geginning with the collection of the $5.00 fee from attorneys in 0ctober

1984, and continuing uotil othenpise ordered by the court, the Clerk for the-

Easteru District of Arkausas shall collect the funds and deposit them iutb an

ioterest bearing checkiug account for the reimbursement of uuusual expenses of

appointed attorneys io actions where counsel was appoint,ed under 28 USC 1915.

(4) CUSTOprAr.r.

The. custodian of the Fund shall be the Clerk for the Easteru District
of Arkansas, whose responsibilities shall be those set out in the Accouuting

Standards established by these courts. A copy of the Accounting Standards shall

be naintained on file in the C1erk's office in each district.

(5) APPLICATION AND DISBURSEMENT.

(a) Application. Application for disbursement from this fund shall be

made iu accordance with the policies aad guidelines (which is Exhibit A to this

rule) established by these courts. The application will contain the infornration

prescribed in paragraph 3 of policy guidelines.
(b) Disbursement. The custodian of the Fund shall make disbursement

from the Fuod in accordance with the policies and

lished by these courts. Disbursenent shall be nade

court in the form attached hereto as Erhibit B.

46

guidelines (Exhibit A) estab-

only upon order of the ProPer



,TI

(6) All other provisione pertaining to the collection of tbie fcc Pursusnt

to RuIe XI of the Appendix to thc Local Rules for the liaetern and Teetern Dir-
tricta of Arkaosas are nadc applicable to thc collection of the fee for thc

Library Fund.

Adopted and effectlve July l, f985

47



EXHIBIT A

TO

RULE 3I

REIMBURSEMENT OF OUT-OF-POCKET EXPENSES OF APPOTNTED COUNSEL

POLICY GUIDELINES

This court has determined that monies derived from the annual fees paid by

attorneys ad.mitted to practice before this court may be used to reimburse attorneys

appointed pursuant to 28 U.S.C. Sec. l9l5 for out-of-pocket exPenses and to any

court-appointed experts when necessary. With respect to these Purposes' the following

guidelines are established:

0) The clerk of court for the Eastern District shall monitor the fuhd and

make a written report of the use of the fund and the balance remaining to the judges

and magistrates of the Eastern and Western Districts by the fifth day in each month.

(2, Before any single expenditure from the fund in excess of $500.00 is

authorized, the district court judge or magistrate shall inquire of the clerk of court

for the Eastern District as to the impact of that expenditure on the fund.

(3) All requests by attorneys for disbursements from the fund shall be by

written application, containing the following information:

(a) The date of the aPPlication;

(b) The caption of the cause of action;
(c) The name and address of the attorney requesting the disbursement;

(d) A detailed itemization of all costs and expenses for which the disburse-

ment is requested; and

48



(e) A brief explanation of how the requested disbursement complies
' with the guidelines and policies established by the court for disbursements

from the fund.
(4) All disbursements pursuant to requests by attorneys from the fund shall

be made only by order of a United States District Judge or a Unitea itates Magistrate

in the form attached es Exhibit B.

Revised and effective January l-2r 1988.

49



EXHIBTT B

TO

RULE 3I

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

Plaintif f

vs. No.

Defendant

ORDER

Pending before the Court is the Application of

for a disbursement of funds from the Reimburiement of Out-of-Pocket Expenses

Fund. Having considered the application pursuant to the guidelines and policies

of the Fund, the court orders that the clerk of the court distribute to the named

applicant the amount of
($_) from the Fund. A copy of this order, together with the application,

shall be placed in the Fund file maintained by the clerk of the court.

United States District Judge or

United States Magistrate

Date:

Revised and effective January l-2, 1988.

50



RULE 32

UNITED STATES BANKRUPTCY JUDGES

I. REFERENCE

All Bankruptcy petitions and proceedings brought under 28 U.S.C.
Sec. 1334 are referred to the bankruptcy judges serving this District, in
accordance with 28 U.S.C. Sec. l5?(a).

II. WITHDRAWAL OF REFERENCE

(a) A district judge may withdraw any petition or proceeding from
a bankruptcy judge in whole or in part

(i) on the district judgets own motion;

(ii) on recommendation of the bankruptcy judge; or

(iii) on timely motion of a party for cause shown.

(b) On timely motion of a party, a district judge shall withdraw,
in whole or in part, any proceeding where the district judge determines that
resolution of the proceeding requires consideration of both Title ll and other
laws of the United States regulating organizations or activities affecting
interstate commerce.

(c) A motion or.recommendation for withdrawal under this Rule
shall hot stay the administration of the underlying bankruptcy petition or the
conduct of any proceeding unless a specific stay is issued by a district judge
or a bankruptcy judge.

(d) If a petition or proceeding is withdrawn under this Rule' the
district judge may:

(i) retain the entire petition or proceeding; or

(ii) refer part or all of the petition or proceeding to a bankruptcy
judge with instructions for further proceedings.

UL ROLE OF BANKRUPTCY JUDGE

Unless a petition or proceeding is withdrawn under II:

(a) The bankruptcy judge shall hear all proceedings and all matters
affecting the administration of the petition, including hearing and determining
motions preliminary or incident to the conduct of the hearing that do not involve

'a resolution of the merits of the proceeding.

5l



(b) The bankrupt.cy judge shal1 determine all proceedings, and enter
appropriaEe orders and judgmenCs, subject. t.o aPPeal in accordance with
28 U.S.C. Sec. 158, unless a part,y on time[y motion objects Eo a bankruPtcy
judge determining a proceeding that is not a core proceeding as defined
in 28 U.S.C. Sec.. 157(b)(2).

(c) The bankruptcy judge shall include a det,erminaEion as to
whether or not. a proceeding is a core proceeding as part of the decision
or propos.ed conclusions in the proceeding, but. may make such determination
earlier upon timely mot,ion of a party or uPon Che bankruPtcy judgers own

mot, ion.

(d) The bankrupEcy judge shall submit proposed findings of fact
and conclusions of law for deEermination and entry of any final order
or judgmenr. by a district judge if a party objects to determination of
a proceeding by the bankruptcy judge under subsection (b) of this rule
and the bankruptcy judge det,ermines Ehat the maEEer is not a core
p roceeding.

(e) The bankruptcy judge shall determine, in any proceeding (core
or non-core) in which a demand for a jury trial is filed, whether the
part,y has a right to a jury Erial and whether the demand was properly
filed under Bankrupt,cy Rule 9015. If the bankruptcy judge determines
the proceeding is a non-core proceeding, then Che bankruPtcy judge shall
conduct pret,rial proceedings but shall noE preside at the EriaI unless
all the parties consenE in wricing, with t,he approval of a district judge'
or unless a district J udge det,ermines t,hat, there is no righC to a jury
trial or thaE the demand was not ProPerly filed. If Ehe bankruptcy judge
determines Ehat the proceeding is a core proceeding, then Ehe UniEed States
DistrlcE Judge assigned the proceeding shall det,ermine whether t,o conducE
the jury trial or reference t,he proceeding Eo Ehe bankruptcy judge Co

conduct a jury trial.

(f) The bankrupccy judge shall recommend co a district judge the
appropriaEe districE in which a Personal injury tort or wrongful death
claim should be tried under 28 U.S.C. Sec. 157(b)(5) and, if the proceeding
is to be tried in this districE, shall conduct all pretrial proceedings
but shall noE Ery the proceeding unless all t,he parties, with the approval
of a district judge, consent. in writing.

IV. APPEAL AND REVIEW

(a) Appeal. An appeal from a final order, judgment. or decree
of a bankruptcy judge or an aPPeal, with leave of court, from an
int,erlocuEory order or decree of a bankruPEcy judge, shal1 be heard by
a district judge in accordance wiEh 28 U.S.C. Sec. 158 and Part VIII of
the Bankruptcy Rules



(b) Review. A party's timely and specific objecEions to a
bankrupt,cy judgers proposed findings of fact and conclusions of Iaw will
be reviewed by a districE judge in t.he same manner 6s objections Eo a
magistrate's proposed findings of fact and conclusions of Law are reviewed
under Rule 72(U) of the Federal Rules of Civil Procedure.

v. APPLICABILITY OF RULES

(b) Proceedings before district Judges shall be governed by the
Federal Rules of Civil Procedure to the exEent practicable. District
judges may apply the Bankrupt.cy Rules to proceedings before them to the
extent, t,hat such application will promote Ehe expedicious and economical
administraEion of the petit.ion and t,he jusE, speedy and inexpensive
resolution of the proceeding.

(c) The local rules of the district court appty to petit,ions and
proceedlngs brought under 28 U.S.C. Sec. L334, t,o Ehe extent that the
local rules are not inconsistent with other nat,ional rules or statuEes.

VI. FILING OF PAPERS

All bankruptcy peEiEions and papers in bankruptcy peEiEions and
proceedings, including appeals and objections, shall be flled with the
bankrupEcy clerk, except mot.ions for withdrawal of references from a
bankrpptcy judge and motions for removal under 28 U.S.C. Sections 1412
and 1452. Mot,ions for wlt,hdrawal of reference and mot,ions for removal
of civil action under 28 U.S.C. Sections 1412 and 1452 shall be flled
with t,he clerk of the dist,rlct court and a copy shall be filed with the
bankruptcy clerk.

For change of venue, the orlglnal should be flled with the clerk
of the district court and a copy bearing the flle mark of the district
clerk and the case number thereon should be filed on the same date with
t,he clerk of the bankruptcy court.

VII. AVOIDANCE OF DELAY

(a) Procedures before bankruptcy judges shall be governed by
BankrupEcy Rules prescribed by the Supreme Court of the United StaLes
pursuant Eo 28 u.S.C. Sec.2O75, t.o t,he extent not. inconsisEent with
Law 98-353 and the holding of the Supreme Court in Norchern Pipeline
Conscruction Co. v. Marat,hon Pipe Line Co.,458 U.S.50 (1982).

Any party to a petition or proceeding and any district or
judge of the district may call the aEtention of the judge before
a pet.ition or proceeding is pending to any factor, condit,lon or
circumst.ance justifying expeditious considerat,ion of any appeal,
or oEher matter involved in the peEition or proceedlng.

Ehe

Pub I 1c

bankruptcy
whom

mot ion



''.sl

VIII. TII{E LII.{ITS

!{henever .ny scatui" or rule provldeg fot a ttmely motlon of a partyl
wlrhout provtdlng a epeclflc time perlod, such motlon shall be made wlthln
15 days of such perty's lnltial pleadlng ln the Petltlon or proceeding
tn whtch the ootlon arlges or wlthln 15 days of such Psrtyrs recelpt of
notlce of the petttlon or Proceedlng, unless a dlstrlct or bankruptcy
Judge speclfles a dlfferent tlme'pertod ln a partlcular slEuatlon.



RULE 33

DEPOSIT OF REGISTRY FUNDS BY THE CTERK IN INTEREST-BEARING ACCOUNTS

. (a) All funds deposited in the Registry of this Court, pursuant to

28 USC 0ZO+t shall be deposited with the Treasurer of the United States through

the Federal Reserve Banlt or a depository designated by him to receive the

Registry funds. Thereafter the investment of any such funds in interest-bearing

instruments in accordance with the following provisions shall be at the initiative

of the interested party or parties through counsel of record. It is counsel's

responsibility to see that the provisions of this rule are complied with.

(b) Pursuant . to Rule 67, FRCP, counsel shall apply to the judge

to whom the case is assigned for an order directing the Clerk to accept the

funds for deposit and to invest the funG in an interest-bearing instrument ih

a financial institution insured by the FDIC or FSLIC. The Order will include

the following:

(l) Ttre amount to be invested;

(Z) tne type of account or instrument in which funds

are to be invested (i.e. certificate of deposit or

treasury bills, etc.); and

(3) The length of the term of investment.

(c) Whenever an Order is entered directing the investment of furids

deposited in the Registry of the Court, it shall be the responsibility of counsel

to cause a copy of such Order to be served personally upon the Clerk of the

Court, or on the Chief Deputy Clerk in the absence of the Clerk, AND on the

Financial Deputy.

55



(d) The Clerk shall take all reasonable steps to assure that the funds

are invested as quickly as the business of the Clerk's office will allow.

(e) The party obtaining the Order directing the investment of funds

at interest will verify that the Clerk has invested the funds as directed.

(f) Failure of the party to personally serve I copy of the Order to

invest funds as specified in this rule, or failure to verify that the funds have

been invested pursuant to this Rule, shall release the Clerk and any of his deputies

from any liability for loss of interest which could have been earned on the funds.

(g) Early withdrawal of funds from interest-bearing instruments

which result in a loss of interest penalty will be the sole responsibility of counsel

making the request.

(h) Under no circumstances shall counsel purchase an interest-bearing

instrument in his own name or in the name of the Clerk for subsequent deposit

into the Begistry. This is the sole responsibility of the Clerk of the Court or

his designated deputy.

(i) Interest-bearing instruments shall not, under any circumstan""r,

be endorsed by the Clerk of the Court to a payee. Prior to disbursement,

interest-bearing instruments must be converted to a cashier's check and deposited

with the Treasurer of the United States for subsequent payment.

(j) Funds deposited in the Registry Account. by personal or corporate

check, when the funG are not to be invested in an interest-bearing account,

shall be received subject to collection. Said monies shall not be paid from the

Registry for a period of three (3) weeks after receipt therefor.

(k) Pursuant to 28 USC, gZOqZ, disbursement of funds held in the

Registry of the Court wiII be made only upon Order of the Court.

56

Adopted and effective July 14, 1986



RULE 34

. APPOINTMENT OF COUNSEL

In those civil cases in which the Court deems it necessary to appoint counsel

to represent a party proceeding in forma pauperis (see' 28 U.S.C. 0lgl5)' such

appointment shall be accomplished.by random selection from a list of all actively

practicing private attorneys enrolled in the District in which the case is pending.

Prospective appointees will be informed by telephone of their selection, when

possible, so as to avoid appointment of an attonney who is not actively engaged

in the private practice of law. However, in the event an enrolled attorney not

actively engaged in the private practice of law is appointed, such attorney may

request leave to withdraw within fifteen (15) days of such appointment. The Court

will depart from this random appointment procedure when the extraordinary nature

or exigency of the circumstances suggests that an alternate means of selection

is necessary. These appointments shall be mandatory.

The original attorney appointed may arrange for substitute counsel to apPear

in behalf of the party, but such substitution must be made in writing and filed

with the Court not later than fifteen 05) days after the entry of the original

appointment order. This substitution will not relieve the substituted counsel from

serving as appointed counsel in any subsequent case when he/she would otherwise

be selected at random.

Upon written application filed within fifteen (15) days of the original

appointment order, an attorney may request leave of the Court to withdraw if
he/she represents (l) that he/she has actively participated in furnishing pro bono

legal services (".g., membership in I pg bono legal organization); and (2) that

he/she has, in the last twelve (12) months, actually represented a pro bono clients(s)

in either (a) litigation, or (b) a non-litigation matter which the attorney can certify

required the expenditure of a minimum of twenty (ZO) hours of time.

If, after interviewing the client, investigating the facts, and researching

the applicable law, an appointed attorney is convinced that the party's legal position

is non-meritorious, the appointed attorney may petition the Court for leave to

withdraw. Such petition to withdraw must be filed within sixty (60) days of the

appointment order. If the attorney is allowed to withdraw, his/her name may

be restored to the list of enrolled attorneys subject to future appointment.

For good cause shown (".g., geographic, time, or expertise factors), an

appointed attorney may request the Court to select an additional attorney to

serve as co-counsel in an investigative or trial capacity.

57



In the event attorneys enrolled in the Eastern and Western Districts of

Arkansas desire to volunteer their services prior to receiving notification of an

actual appointment, they may do so by writing the Clerk's Office, P. O. Box 869,

Little Rock, Arkansas 722C.3-C,869, or the Clerk's Office, P. O. Box 1523' Fort

Smith, Arkansas 729!2-1523, and notifying the Court of their willingness to have

their names advanced on the 'liit of attorneys to be appointed. Attorney's

volunteering in this manner will be exempt from future appointments under this

Local Rule for two years from the date of any actual appointment received.

Adopted and effective May 5, 1987.

58



Loca.l

For a

Order, or

eurrent annual eontribution option

previously apProved bY the Court'

serviees to the poor

Dated th i s t clf'r \-

4''-

' 
* 

Ht rT*1;* 1', r'#ffi &"ffi,K, ^?]$,tks R""

IN TI{E MATTER OF RULE 34 OF THE RULES OF nLC !\\ "'9'?g
THE ITNITED STATES DISTRICT COITRTS FOR THE "n -^ aqTTHE ITNITED STATES DISTRICT COITRTS FOR THE - /;l .--
EASTERN A}.ID WESTERN DISTRICTS OF ARKAI'ISAS 

":(W
.ENER.*L .RDER No. 3{ 

BY: =-

RuIe No. 34 is modified in the following manner:

period of one year from the effeetive date of this

until the needs and demands of the system require

otherwise, upon written applieation fited within fifteen (15)

days of the original sPpointment order, an attorney may request

leave of the court to withdraw if he/she has exereised the

prov i ded by organ i zat i ons 
'

that provide pro bono legal

day of Deeember, 1988.

FOR TTIE @I'RT

States



RULE 35

SOCIAL SECURITY CASES

All pleadings, orders, and other papers in all cases involving a review of the
decision of the Secretary of Health and Human Services regarding social sdcurity
benefits shall contain in the caption of the pleading or other paper, directly below
or alongside the name of the plaintiff, that plaintiffls social security number.

Adopted and effective January l-2, 1988.

59



RULE 36

COMPLAINT TORMS FOR ACTIONS BY INCARCERATED PERSONS

All actions under 42 U.S.C. g 1983 or 28 U.S.C. g 2254 filed in this district
by incarcerated persons shall be submitted on the court-approved forms supplied

by the Court unless a district judge or magistrate, upon finding that the complaint

is understandable and that it conforms with local rules and the Federal Rules of
Civil Procedure, in his or her discretion, accepts for filing a complaint that is not
submitted on the approved form.

Adopted and effective May I, 1980.

Revised and effective January l-2, 1988.

60



ir!-,f 1r!>r !: r.*h <r5Yr 
-rFjj:?-7s:-.

RULE 3?

CONDITIONS FOR JUROR CONTACT

No Juror ghall be contacted without e:rpress permission of the court

and under such conditlorc as the court may prescribe.

Adopted and effeettve July I, 1988

61



APPENDIX

Model Federal Rules

of Disciplinary Enforcement

The UniLed States District Courts for Lhe EasLern and Western Districts of

Arkansas, in furtherance of their inherent power and responsibility to supervise

the conduct of atLorneys who are admilted to practice before it, or admitted for
the purpose of a particular proceeding (pro hac vice), promulgaEe t.he following

Rules of Disciplinary Enforcement superseding alI of its other Rules pert,aining

to disciplinary enforcement heretofore promulgated.

RUIE I

Attorneys Convicted of Crimes.

A. Upon the filing with this Court of a certified copy of a judgment of
conviction demonstrating that any attorney admitLed to practice before the

Court has been convicted in any Court of the United States, or the District of
Columbia, or of any state, territory, commonwealth or possession of Lhe United

Stat.es of a serious crime as hereinafter defined, Lhe Court shall enter an order

immediately suspending that attorney, whether the conviction resulted from a

plea of guilty, or nolo contendere or from a verdict afEer trial or otherwise,

and regardless of the pendency of any appeal, unt.il final disposition of a dis-
ciplinary proceeding t,o be commenced upon such conviction. A copy of such order

shall immediately be served upon the attorney. Upon good cause shown, the Court

may set aside such order when it appears in the interesL of justice t,o do so.

B. The term "serious crime" shall include any felony and any lesser crime

a necessary element of which, as determined by the statuLory or common law

definition of such crime in the jurisdiction where the judgment was enLered,

involves false swearing, misrepresentation, fraud, wiIlful failure to file
income tax returns, deceit, bribery, extortion, misappropriation, theft or an

attempt, or a conspiracy or solicitation of another to commit a t'serious crime.t'

C. A certified copy of a judgment of conviction of any attorney for any

crime shall be conclusive evidence of the commission of that crime in any dis-
ciplinary proceeding instiLuted against. that att.orney based upon the conviction.

A-1



D. Upon t.he filing of a certified copy of a judgment of convict.ion of an

attorney for a serious crime, the CourL shall in addit.ion to susptinding that
attorney in accordance with lhe provisions of this Rule, also refer the matter

to counsel for the institution of a disciplinary proceeding before the Court

in which Lhe sole issue to be determined shall be the extent of the final
discipline to be imposed as a result of the conduct resulting in the conviction,
provided that a disciplinary proceeding so instituted wiIl noL be brought to

final hearing unLil aIl appeals from the conviction are concluded.

E. Upon the filing of a certified copy of a judgmenL of conviction of an

attorney for a crime not constituting a t'serious crime," the Court may refer the

matter to counsel for whatever aclion counsel may deem warranEed, including the

institution of a disciplinary proceeding before the Courtl provided, however,

that the Court may in its discreLion make no reference with respect. to convic-

tions for minor offenses.

F. An at.t.orney suspended under the provisions of this Rule will be rein-
stated immediately upon the filing of a certificate demonstraLing that the

underlying conviction of a serious crime has been reversed but the reinstate-
ment will not terminate any disciplinary proceeding then pending against the

attorney, the disposition of which shall be deLermined by the Colrt on the basis

of all available evidence pert,aining t,o both guilt and the extent of discipline
to be imposed.

RUIE II

Discipline Imposed By Other Courts.

A. Any aLtorney admitted to practice before this Court shall, uPon being

subjected to public discipline by any other Court of t.he Unit.ed States or the

District of Columbia, or by a court of any state, territory, commonwealth or

possession of the United States, promptly inform the Clerk of this Court of

such action.

B. Upon the filing of a certified or exemplified copy of a judgment. or

order demonstrating that an attorney admitt.ed to practice before this Court has

been disciplined by another Court, this court shall forthwith issue a notice

directed to the at.torney containing:

A-2



1. a copy of the judgment or order from the other courtl and
Ir

2. an order to show cause directing that the attorney inforn this Court

within 30 days after service of that order upon the attorney, person-

aIly or by nail, of any claim by the attorney predicated upon the

grounds set forth in (D) hereof that the imposition of the identical
discipline by the Court would be unwarranted and the reasons therefor.

C. In the event the discipline imposed in the other jurisdiction has been

stayed therer any reciprocal discipline imposed in this Court shall be deferred

until such stay expires

D. Upon the expiration of 30 days from service of the noti-ce issued

pursuant to the provisions of (B) above, this Court shall impose the identical
discipline unless the respoadent-attorney demonstrates, or this Court finds,
that upon the face of the record upon which the discipline in another jurisdic-
tion is predicated it. clearly appears:

1. that the procedure was so lacking in notice or opportunity to be heard

as to constitute a deprivation of due process; or

2. that there was such an infirnity of proof establishing the misconduct

as to give rise to the clear conviction that this Court could not,

consistent with its duty, accept as final conclusion on that subject;

or
3. that the inposition of the sane discipline by this Court would result

in grave injustice; or
4. that the niscouduct established is deemed by this Court to warrant

substantially different discipline.
I{here this Court determines that any of said elements exist, it shall enter

such other order as it deems appropriate.

E. In all other respects, a fiual adjudication in anoLher court that an

attorney. has been guilty of niscouduct shall establish conclusively the miscon-

duct for purposes of a disciplinary proceeding in the Court of the United States.

F. This Court may at any stage appoint counsel to prosecute the. discipli-
nary proceedings.

A-3



RUIA III

Disbarment on Consent or Resignation in Other Courts.

A. Any attorney admitted to practice before this Court who shall be dis-
barred on consent or resign from the bar of any other Court. of the United States

or the District of Columbia, or from the Bar of any state, territory, cotnmon-

wealth or possession of the United States while an investigation into allega-
tions of misconduct is pending, shaIl, upon the filing with this Court of a

certified or exemplified copy of the judgmeut or order accepLing such disbarment

on consent or resignation, cease to be permitted to practice before this Court

and be stricken from the ro11 of attorneys admitted to practice before this
Court.

B. Any at,torney adnitted to practice before this Court shall, upon being

disbarred on consent or resigning from the Bar of any other Court of the United

States or the District of Coluobia, or from the Bar of any sLaLe, terriLory,
comnonwealth or possession of the United States while an investigation into
allegations of misconduct is peuding, promptly inform the Clerk of this Court of
such disbarment on consent or resignation.

RUIA IV

Standards for Professional Conduct.

A. For nisconduct defined in these Rules, and for good cause shown, and

after notice and opportunity to be heardr 6ny atLorney admitted to practice
before this Court may be disbarred, suspended from practice before this Court,

reprinanded or subjected to such other disciplinary action as the circumstances

may warrant.

B. Acts or omissions by an attorney admitted to practice before this
Court, individually or ia concert with any other person or persons, which

violate the Code of Professional Responsibility or Rules of Professional Conduct

adopted by this Court shall constitute misconduct and shall be grounds for
discipline, whether or riot the act or omission occurred in the course of an

attorney-client relationship. The Code of Professional Responsibility or Rules

of Professional Conduct adopted by this Court is the Code of Professional
Responsibility or Rules of Professional Conduct adopted by the highest. court of

A-4



the state in which this Court sits, as amended from time to time by that state

courL, except as otherwise provided by specific RuIe of this Court after consid-

eration of comments by representatives of bar associaLions within the state.

RULE V

Disciplinary Proceedings.

A. l.Ihen misconduct or allegations of misconduct which, if substantiated,

would warrant discipline on the part of an atLorney admitted to practice before

this court shall come to the attention of a Judge of this Court, whether by

complaint or otherwise, and the applicable procedure is not otherwise mandated

by these Rules, the Judge shall refer the matter to counsel for investigation
and the prosecution of a formal disciplinary proceeding or the formulation 0f

such other recommendation as may be appropriate.

B. Should counsel conclude after invest'igation and review that a formal

disciplinary proceeding should not, be initiated against the respondent-attorney

because sufficient evidence is not present, or because there is pending another

proceeding against the respondent-attorney, thg disposition of which in the

judgment of the counsel should be awaited before further action by this.Court is
'considered or for any other valid reason, counsel shall file with the court a

recommendation for disposit,ion of the matter, whether by dismissal, admonition,

deferral or otherwise setting forth the reasons therefor.

C. To initiaLe fornal disciplinary proceediogs, counsel shall obtain an

order of this Court upon a showing of probable cause requiring the respondent-

attorney to show cause r{ithin 30 days after service of that, order upon that
attorney, personally or by mail, why the attorney should not be disciplined.
The order to show cause shall include the form certificaLion of all courts

before which the respondent.-attorney is admitted Lo practice, as specified in
form appended to these Rules.

D. .Upon the respondent-attorneyts atrswer to the order to show cause, if
any issue of fact is raised or the respondent-attorney wishes to be heard in
mitigation this Court shall set the matter for prompt hearing before one or more

Judges of this Court, provided however that if the disciplinary proceeding is
predicated upon the complaint of a Judge of this Court the hearing shall be

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conducted before a panel of three oLher Judges of this Court appointed by the

Chief Judger oE, if there are less than three Judges eligible to serve or the

Chief Judge is the complainant, by t,he Chief Judge of the Court of Appeals for
this Circui!. The respondent-attorney shall execute the certification of all
courts before with that respondent-attorney is admiLted to practice, in the form

specified, and file the certification with his or her answer.

RUIE VI

Disbarment on Consent While Under Disciplinary InvestigaLion or Prosecution

A. Any attorney admitted to practice before this Court who is Ehe subject

of an invesEigation into, or a pending proceeding involving, allegat.ions of

misconduct may consent to disbarment, but only by delivering Lo this Court an

affidavit stating that the attorney desires to consent to disbarmenl and that:

1. the attorneyts consent is freely and voluntarily rendered; the attorney

is noL being subjected !o coercion or duress; the attorney is fully
aware of the implication of so consenting;

2. the attorney is ar{are that there is a presently pending investigation
or proceeding involving allegations lhat there exist grounds for the

attorneyrs discipline the naLure of which the attorney shall specifi-
cally set forthl

3. the attorney acknowledges that
and

4. the attorney so consents because the attorney knows thaL if charges

were predicated upon the matters under investigation, or if lhe pro-

ceeding h,ere prosecuted, the aLtorney could not successfully defend

himself.

B. Upon receipt of the required affidavit, this Court shall enter an order

disbarring the attorney.

C. The order disbarring the attorney on consent shall'be a maEter of
public record. However, the affidavit required under t.he provision of t.his

RuIe shall not be publicly disclosed or made available for use in any other

proceeding except upon order of this Court.'

the material facts so alleged are true,

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RUI.E VII

Reinstatement.

A. After Disbarment or Suspension. An attorney suspended for three

months or less shall be automatically reinstated at the end of Lhe period of

suspension upon the filing with the court of an affidavit of compliance with the

provisions of the order. An attorney suspended for more than three months or

disbarred may not resume practice until .reinstated by order of this Court,

except as provided in Rule XI(H).

B. Time of Application Followin8 Disbarment. A person who has been

disbarred after hearing or by consent may not apply for reinsLatement until the

expiration of at least five years from the effective date of the disbarmenL.

C. Hearing on Application. Petitions for reinstatement by a disbarred or

suspended attorney under t,his Rule shall be filed with the Chief Judge of this
Court. Upon receipt of the petition, the Chief Judge shall prompt.Iy refer the

petition to counsel and shall assign the matter for prompt. hearing before one

or more Judges of this Court, provided however that if the disciplinary proceed-

ing was predicated upon the conplaint of a Judge of this Court the hearing shall
be conducted before a panel of three other Judges of this Court appointed by the

Chief Judge, or if there are less than three Judges eligible Lo serve or the

Chief Judge was the complainant, by the Chief Judge of the Court of Appeals for
this Circuit. The Judge or Judges assigned to the matter shall within 30 days

after referral schedule a hearing at which the petit,ioner shall have Lhe burden

of demonstrating by clear and convincing evidence that he has the moral qualifi-
cations, competency and learning in the law required for admission to practice
law before this Court and that his resunption of Lhe practice of law will not be

detrimental to the integrity and standiog of the bar or !o the administration of
justice, or subversive of the public interest.

D. Duty of Counsel. In all proceedings upon a petition for reinstatement,
cross-examination of the witness of the respondent-attorney and the submission

of evidence, if any, in opposition to the petition shall be conducted by counsel.

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- E. Deposit for Cost of Proceeding.

Rule shaIl be accompanied by an advance

from t.ime to time by the Court to cover

proceeding.

Petitions for reinstatement. under this
cost deposit in an amount to be'set

anticipated co.sLs of the reinsLatement.

F. Conditions of Reinstatement. If the petitioner is found unfit to

resume the practice of law, the petition shall be dismissed. If the petitioner
is found fit t,o resume'the practice of Iaw, the judgment shall reinstaLe him,

provided Ehat the judgment may make reinstatement conditional upon the payment

of all or part of the costs of the proceedings, and upon the making of part.ial
or complete rest.itut.ion to parties harmed by the petitioner whose conduct led

to the suspension or disbarment. Provided further, that if the petitioner has

been suspended or disbarred for five years or more, reinstatemen! may be con-

ditioned, in the discretion of the Judge or Judges before whom the matter is
heard, upon Ehe furnishing of'proof of competency and learning in the law, which

proof may include certification by the bar examiners of a sLate or other juris-
diction of the attorney's successful completion of an examination for admission

to practice subsequent to the date of suspension or disbarment.

G.' Successive PetiLions. No petition for relnstatemenL under this Rule

shall be filed within one year following an adverse judgment upon a petition for
reinsLatement filed by or on behalf of the same person.

RUI.E VIII

Attorneys Specifically Admitted

Whenever an att.orney applies to be admitted or is admitted to this Court

for purpose of a particular proceeding (pro hac vice), the at.torney shall be

deemed thereby to have conferred disciplinary jurisdiction upon this Court for
any alleged misconduct of that aLtorney arising in t.he course of or in the

preparaLion for such proceeding.

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RUIE IX

Service of Papers and 0ther Notices.

Service of an order t.o show cause instituting a formal disciplinary pro-

ceeding shall be made by personal service or by registered or certified mail

addressed to the respondent-attorney at the address shown in the most recent

registraLion filed pursuant to Rule XI(f) hereof. Service of any other papers

or notices required by these Rules shall be deemed to have been made if such

paper or notice is addressed to the respondent-attorney at the address shown on

the mosL'recent registration staEement filed pursuant Lo Rule XI(f) hereof; or

to counsel or the respondenLts att,orney at t.he address indicated in the most

recent pleading or other documenE filed by them in the course of any proceeding.

RULE X

Appointment of Counsel.

Whenever counsel is to be. appointed pursuant to these Rules to investigate
allegations of misconduct or prosecute disciplinary proceedings or in con-

junction with a reinstaLement pet.ition filed by a disciplined attorney this
Court shall appoint as counsel the disciplinary agency of the Supreme Court of

Arkansa.s, wherein this Court, sits, or the attorney maintains his principal
office in the case of the Courts of Appeal or other disciplinary agency having

jurisdiction. If no such disciplinary agency exists or such disciplinary agency

declines appointment, or such appointment is clearly inappropriate, this Court

shall appoint as counsel one or more members of the Bar of this Court to inves-

t.igat.e allegations of misconduct or to prosecute disciplinary proceedings under

these ru1es, provided, however, that the respondent-attorney may move to dis-
qualify an atLorney so appointed who is or has been engaged as an adversary of
the respondent-attorney in any matter. Counsel, once appointed, maY not resign

unless permission to do so is given by t,his Court.

RULE XI

Periodic Assessment. of Attorneys; RegistraLion Statements.

A. Every attorney admitted Lo practice before this Court shall pay to the

Clerk of the Unit.ed Stat.es Dislrict Court an.annual fee of $5 for each fiscal
year. The first payment will be due 0ctober 1, 1980. Said fee shall be used

A-9



to pay the cost of disciplinary administ.ration and enforcement 'nder these Rules,

(but only by those courts which have adopted these rules and have required regis-
tration and assessment) or as provided in Rule 31 of these local rules.

B. Payneut of t,he fee prescribed hereunder shall be a condiLion precedent

to any application for admission pro hac vice by any attorney not othenrise
admit.ted to this court.

C. Atr attorney admitted to practice before this Court as well as one or

Etore other Courts of the United States shall be required to make only a single
paymetrt of the fee prescribed hereunder in any fiscal year regardless of the

nrrmber of Courts of the United States to which he may be admitted.

D. Aoy attorney who fails to pay the fee required under (A) above within
90 days shall be summarily suspended, provided a aotice of delinquency has been

fonrarded to him by certified mail, return receipt requested, addressed to his

last known business address at, least 30 days prior t'o such suspension'

E. Any attorney suspended

rcinstated without further order

20? of the amount due fron the

rcguest for reiastatement.

uader the provisions of (D) above shall be

upon paynent of all arrears and a penalty of
date of his last pa)tnent to the date of his

F. To facilitate the collection of the ansual fee provided for in (A)

above, every person required by this Rule to pay an annual fee shall, on or be:

fore January lst of every year, conmencing Jaouary lst, 1981, file with the Clerk

of the United States District Court a registration statement, oo a form pre-

scribed by the Clerk of the United States District- Court setting forth his

current residence and office addresses; the bars of all states, territories,
districts, commonwealths or possessions or other Courts of the United States to

which the attorney is admitted. In addition to such statexnent, every attorney

subject to Lhese Rules shall file with the Clerk, United States DisLrict Court,

a supplemental statement of any change in the information previously submitteil

within 30 days of such change. Atl persons first becomiag subject to these Rules

by admission to practice before this Court after October 1, 1980, shall file the

statement required by this RuIe at the tine of admission and shall pay the fee

prescribed by (A) and (C) above for the fiscal year then in effect without
proratioo.

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G. Within 30 days of the receipL of a sLaLement and paymenL or a supple-

menL thereto'fited by an attorney in accordance wiLh Lhe provisions of (A) and

(f) above, Lhe CIerk of the United States Dist.ric! Court shaII acknowledge

receipt. thereof, orr a form prescribed for Ehat purpose, in order to enable lhe

aLtorney on requesL to demonstrate compliance wiLh the requirements of (A) and

(F) above.

H. Any atLorney who fails to file the statement or supplement thereto in
accordance with' the requirements of (f) above shall be summarily suspended,

provided a notice of delinquency has been forwarded to him by certified mail,
return receip[ requested, addressed to his last known business address at least
30 days prior to such suspension. He shall remain suspended until he shall have

complied therewith, whereupon he shalI become reinstated withouL further order.

I. An altorney who has retired or is not engaged . in Lhe practice of law

before a Court of lhe United Siates may advise the Clerk of the United States

District Court, in wriLing that he desires to assume inacLive s.Latus and dis-
continue the pract.ice of law before the Courts of the United St.ates. Upon the

filing of such notice, the attorney sha1l no longer be eligible to practice law

in this Court. An aLtorney who is ret.ired or on inactive sLaLus shall noL be

obligated to pay the annual fee imposed by this Rule upon act.ive practitioners.

J. Upon the filing of a notice to assune inacLive status, the attorney

shall be removed from t.he roll of those classified as active unt.il and unless he

requests and is granLed reinstatemenL to the active rolIs. Reinstatement shall
be granted (unless !he.attorney is subject to an outstanding order of suspension

of disbarment. or has been on inactive status for five years or more) upon the

payment of any assessment in effect for the year the request is made and any

arrears accunulaLed prior to the Lransfer to inactive sLatus. Attorneys who

have been suspended or on inact.ive status for over five years before filing a

pet.ition for reinstatement to active status may be required in the discreLion of
Ehis Court., to esLablish proof of competency and learning in the law. The proof

may include evidence that the attorney has continued to engage in the practice
of law in good standing in another jurisdict,ion or before any other court or

certification by the Bar Examiners of a state or other jurisdiction in which

Lhe atLorney is admitted to practice, or his successful completion of an exam-

ination for admission to practice subsequent to the date of suspension or trans-
fer to inactive status.

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RUIE XII

Payment of Fees and Costs.

At the conclusion of any disciplinary investigation or prosecution, if any,

under these Rules, counsel may make application to t,his Court for an order

awarding reasonable fees and reimbursing costs expended in the course of such

disciplinary investigation or prosecution. Any such order sha11 be submitted to

the C1erk, United Stales District Court, which shall pay the amount required

thereunder from Ehe funds collected pursuant to Rule XI(A) hereof.

RUIE XIII

Duties of the Clerk

A. Upon being informed that an attorney admitted to practice before this
Court has been convicted of any crime, the Clerk of this Court shall determine

whether the clerk of the court in which such conviction occurred has forwarded

a certificate of such conviction to this Court. If a certificate has not been

so forwarded, the Clerk of this Court shall promptly obtain a certificate and

file it with this Court

B. Upon being informid that an attorney admitted .to practice before this
Court has been subjected to discipline by another court, the Clerk of this Court

shalI determine whether a certified or exemplified copy of the disciplinary
judgment or order has been filed with this Court, and, if not, the Clerk shall
promptly obtain a certified or exemplified copy of the disciplinary judgment or
order and file it with this Court.

C. Wtrenever it appears that any person convicted of any crime or dis-
barred or suspended or censured or disbarred on consent by this Court is admiL-

ted to practice law in any other jurisdiction or before any other court, Ehe

Clerk of this Court shall, within ten days of that conviction, disbarment,

suspension, censure or disbarment on consent, transmit. to the disciplinary
authority in such other jurisdiction, or for such other court, a certificate of
the conviction or a 

- certified exemplified copy of the judgment or order of
disbarment, suspension, censure or disbarment on consent, as well as the last
known office and residence addresses of the defendant or respondent.

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D. The C1erk of this Court shall, likewise, promptly notify the National
Discipline Data Bank operated by the American Bar Association of any order
imposing public discipline upon any attorney admitted to practice before this
Court

RULE XIV

Jurisdiction.
Nothing contained in these Rules shall be construed t.o deny t,o this Court

such powers as are necessary for the Court to maintain control over proceedings

conducted before it, such as proceedings for conLempt under Title 18 of the

United States Code or under RuIe 42 of the Federal Rules of Criminal Procedure.

RUIE XV

Pending Proceedings.

Any formal disciplinary proceeding pending before this Court on the effec-
tive dat.e of these rules shall be concluded under the procedure existing prior
to the effective date of these Rules

RuIe XI(A) revised JuIy 1, 1985

Adopted and effective May 1, 1980

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