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PART I. CIVIL RULES AND GENERAL PROVISIONS

Section II. Commencement of Action; Service of Process, Pleadings, Motions, and Orders


RULE 3.1

VENUE

The calendar areas of the United States District Court for the District of Idaho shall consist of the following counties:

Southern Calendar:      Ada, Gooding, Adams, Jerome, Blaine, Lincoln, Boise,
                         Minidoka, Camas, Owyhee, Canyon, Payette, Cassia,
                        Twin Falls, Elmore, Valley, Gem, Washington 
Eastern Calendar:       Bannock, Franklin, Bear Lake, Fremont, Bingham,
                        Jefferson, Bonneville, Lemhi,Butte, Madison, Caribou,
                        Oneida, Clark, Power, Custer, Teton 
Northern Calendar:      Benewah, Kootenai, Bonner, Latah, Boundary, Lewis, 
                        Clearwater, Nez Perce, Idaho, Shoshone 

Cases that have venue in one of the above calendar areas will be assigned by the clerk upon the filing of the complaint or petition to the appropriate calendar area. Juries will be selected from the calendar areas in accordance with the Jury Selection Plan adopted by the court.

RELATED AUTHORITY

28 U.S.C. 92


RULE 5.1

GENERAL FORMAT OF PAPERS PRESENTED FOR FILING

(a) All pleadings, motions, and other papers presented for filing shall be on 8 1/2 x 11 inch white paper of good quality, flat and unfolded, without back or cover, and shall be plainly typewritten, printed, or prepared on one side of the paper only by a clearly legible duplication process, and double-spaced, except for quoted material and footnotes. Documents on 14-inch paper shall be reduced in size before filing. Documents more than 1/2 inch thick shall be two-hole punched at top edge. Each page shall be numbered consecutively. The top, bottom, and side margins shall be at least one inch and the font or typeface for all text, including footnotes, shall be at least 12 point.

(b) The name, address, and telephone number of counsel (or, if in propria persona, of the party) and a specific identification of the party represented by name and interest in the litigation (i.e., plaintiff, defendant, etc) shall appear in the upper left-hand corner of the first page of each paper presented for filing, except that in multi-party actions or proceedings, reference may be made to the signature page for the complete list of parties represented. Following the counsel identification and commencing four inches below the top of the first page, (except where additional space is required for identification) there shall appear:

(1) The title of the court;

(2) The title of the action or proceeding;

(3) The file number of the action or proceeding;

(4) The category of the action or proceeding as provided hereinafter in these rules;

(5) A title describing the pleading; If the pleading is a response to a motion, that particular motion should be reflected in the title; and

(6) Any other matter required by this rule.

(c) The clerk shall file all pleadings presented for filing upon payment of the appropriate fee, if any. In the event of a failure to comply with these rules, the clerk may bring the failure to comply to the attention of the filing party and of the judge to whom the action or proceeding is assigned.

(d) Removing Cases from State Court

(1) A copy of the entire state court record and the docket sheet must be provided at the time of filing the notice of removal.

(2) Supplemental Civil Cover Sheet for Notices of Removal: Attorneys are required to complete a supplemental civil cover sheet when a notice of removal is filed in the District of Idaho. The form is available from the Clerk of Court. This form is used by the Clerk of Court to identify the status of all parties and attorneys. See D. Id. L. Civ. R. 7.1 Motion Practice.

(e) Civil Cover Sheet - Every complaint or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the clerk. This requirement is solely for administrative purposes, and matters appearing only on the civil cover sheet have no legal effect in the action.

If the complaint or other document is submitted without a completed civil cover sheet or supplemental civil cover sheet for notices of removal, the clerk shall file the complaint or the notice of removal as of the date received and promptly give notice of the omission of the respective civil cover sheet to the party filing the document. When the respective civil cover sheet has been received, the clerk shall process the complaint or notice of removal as of the original date of filing the complaint.

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 5(e), 79(a)(d)


RULE 5.2

PROOF OF SERVICE WHEN SERVICE IS REQUIRED BY FED. R. CIV. P. 5.

Whenever any pleading presented for filing is required or permitted by any rule or other provision of law to be served upon any party or person, it shall bear or have attached to it (a) an acknowledgement of service by the person served, or (b) proof of service stating the date, place and manner of service and the names of the persons served, certified by the person who made service.

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 4(l), 5



RULE 5.5

NON-FILING OF DISCOVERY

Disclosure of expert testimony, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall be served upon other counsel and parties but shall not be filed with the court unless on order of the court or for use in the proceeding. Any certificates of service related to discovery documents shall not be filed with the clerk. The party responsible for service of the discovery material shall retain the original and become the custodian. The original of all depositions upon oral examination shall be retained by the party taking such deposition.

If relief is sought under any of the Federal Rules of Civil Procedure, pertinent portions of discovery matters in dispute may be attached to the motion filed under these rules by the party seeking to invoke the court's relief.

If disclosure of expert testimony, depositions, interrogatories, requests for documents, requests for admissions, answers, or responses are to be used at trial or are necessary to a pretrial or post trial motion, those portions to be used shall be lodged with the clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated by the parties. Documents must indicate the scheduled date of trial or hearing at which they will be used and to whom the documents should be returned after the trial or hearing.

When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the court, or by stipulation of counsel, the necessary discovery papers shall be lodged with the clerk. Discovery lodged with the court shall be returned to appropriate counsel after final disposition of the case. Discovery lodged with the court will be treated as exhibits and returned pursuant to Local Rule 79.1.

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 5(d)


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