LOCAL RULES OF CIVIL PROCEDURE

OF THE

DISTRICT COURT OF THE VIRGIN ISLANDS

I. Scope of Rules

Rule 1.1 Scope of Rules. ...................................... 1

Rule 1.2 Availability of the Local Rules. ..................... 1

II. Commencement of Action; Service of Process, Pleadings,

Motions, and Orders

Rule

3.1

Civil Cover Sheet. ...................................

Rule

3.2

Mediation. ...........................................

Rule

5.1

General Format of Papers Presented for Filing ........

Rule

5.2

Appearances; Withdrawal as Counsel. ..................

Rule

5.3

Court Service to Attorneys Through

Clerk’s Office Boxes.................................

Rule

5.4

Electronic Filing. ...................................

Rule 6.1 Computation of Time. ................................ 15

III. Pleadings and Motions

Rule 7.1 Documents Filed with the Court. ..................... 15

Rule 7.2 Motions In Limine. .................................. 16

Rule 7.3 Motions for Reconsideration. ........................ 16

Rule 9.1 Social Security Number in Social Security Cases. .... 17

Rule 11.1 Citation of Authority. ............................. 17

Rule 11.2 Violations of Local Rules........................... 17

Rule 12.1 Dispositive Motions Pursuant to Federal Rule

of Civil Procedure 12............................... 17

Rule 15.1 Form of a Motion to Amend and its Supporting

Documentation....................................... 18

Rule 16.1 Pretrial Procedure. ................................ 19

IV. Parties

Rule 23.1 Designation of “Class Action” in the Caption. ...... 20

Rule 24.1 Procedure for Notification of Claim of

Unconstitutionality................................. 20

V. Depositions and Discovery

Rule

26.1

Document Production; Documents Not Filed. ..........

Rule

26.2

Participation Limits; Duplicative Disclosures. .....

Rule

26.3

Expert Witness -- Written Report; Video Taping. ....

Rule

30.1

Filing of Depositions. .............................

Rule

33.1

Interrogatories. ...................................

Rule

37.1

Pre-Filing Conference of Counsel. ..................

Rule

37.2

Moving Papers.......................................

Rule

37.3

Cooperation of Counsel - Sanctions. ................

VI. Trials

Rule

38.1

Notation of “Jury Demand” in the Pleading. .........

Rule

39.1

Exhibits. ..........................................

Rule

43.1

Interpreters........................................

Rule

47.1

Juror Contact. .....................................

VII. Judgment

Rule 54.1 Bills of Costs...................................... 26

Rule 56.1 Summary Judgment Motions. .......................... 26

iii

VIII. Provisional and Final Remedies and Special Proceedings

Rule 67.1 Monies Paid into Court. ............................ 28

Rule 67.2 Withdrawal of a Deposit Pursuant to Federal

Rule of Civil Procedure 67.......................... 28

Rule 69.1 Execution. ......................................... 29

IX. Special Proceedings

Rule 71A.1 Proceedings to Re-determine Deficiency in

Income Tax......................................... 30

Rule 72.1 Magistrate Judges – Authority in Pretrial Matters. . 31

Rule 72.2 Objections to Non-Dispositive Orders................ 31

Rule 72.3 Objections to Magistrate Judge's Proposed

Findings, Recommendation or Report.................. 31

Rule 72.4 Procedure for Objecting to a Magistrate Judge’s

Non-Dispositive Order, Proposed Findings,

Recommendation or Report............................ 32

Rule 73.1 Magistrate Judges – Trial Matters................... 32

Rule 73.2 Magistrate Judges – Additional Duties............... 32

X. District Courts and Clerks of the Courts

Rule 79.1 Books and Records of the Clerk of the Court. ....... 33

Rule 80.1 Court Reporting Fees................................ 34

XI. General Provisions

Rule 82.1 Who May Appear as Counsel; Who May Appear Pro Se.... 34

Rule 83.1 Admission of Attorneys...............................34

Rule 83.2 Attorneys: Disciplinary Rules and

Enforcement . ......................................41

I. Scope of Rules

Rule 1.1 Scope of Rules

(a) TITLE AND CITATION. These Rules shall be known as the

Local Rules of Civil Procedure of the District Court of the

Virgin Islands of the United States. They shall be cited as

“LRCi”.

(b) SCOPE OF RULES. These Rules apply in all proceedings in

civil actions. Rules 72.1-3 and 73.1-2 govern proceedings

before Magistrate Judges.

25, 2008.

(d) RELATIONSHIP TO PRIOR RULES; ACTIONS PENDING ON EFFECTIVE DATE.

These Rules supersede all previous civil rules promulgated by

this Court or any Judge of this Court. They govern all applicable

proceedings brought in this Court after they take effect. They

also apply to all proceedings pending at the time they take

effect, except to the extent that in the opinion of the Court the

application thereof would not be feasible or would work

injustice, in which event the former rules govern.

(e) RULE OF CONSTRUCTION. United States Code, Title 1, Sections

1 through 5, shall, as far as applicable, govern the construction

of these Rules.

Rule 1.2 Availability of the Local Rules

Copies of these Rules, as amended and with any appendices

attached hereto, are available online at www.vid.uscourts.gov or

from the Clerk of the Court’s office, for a reasonable charge.

II. Commencement of Action; Service of Process, Pleadings,

Motions, and Orders

Rule 3.1 Civil Cover Sheet

(a) Every complaint or other document initiating a civil

action shall be accompanied by a completed civil cover sheet on a

form available at the Court’s website. This requirement is solely

for administrative purposes, and matters appearing only in the

civil cover sheet have no legal effect in the action.

(b) If the complaint or other document is filed without a

completed civil cover sheet, the Clerk of the Court shall mark

the document as to the date received and promptly give notice of

the omission to the party filing the document. When the civil

cover sheet has been completed, the Clerk of the Court shall file

the complaint or other document nunc pro tunc as of the date of

the original receipt.

foregoing requirements.

Rule 3.2 Mediation

(a) “Mediation” means a process whereby a neutral third

person called a mediator acts to encourage and facilitate the

resolution of a dispute between two or more parties. It is an

informal and nonadversarial process with the objective of helping

the disputing parties reach a mutually acceptable and voluntary

agreement. In mediation, decision making authority rests with the

parties. The role of the mediator includes, but is not limited

to, assisting the parties in identifying issues, fostering joint

problem-solving and exploring settlement alternatives.

(b)(1) Certification of Mediators.

(A) The Court shall certify as many mediators as it

determines to be necessary.

(B) Each individual certified as a mediator shall take the

oath or affirmation prescribed by Title 28 U.S.C. Section 453

before serving as a mediator.

maintained with the Court.

(D) For certification, a mediator must:

(i) Complete a minimum of twenty (20) hours in a training

program approved by the Court; and,

(ii) Observe a minimum of four district or other mediation

conferences conducted by a certified mediator and conduct four

District Court mediation conferences under the supervision and

observation of a Court-certified mediator;

(iii) Meet one of the following requirements:

(a) Be a member in good standing of the Virgin Islands Bar

with at least five years of Virgin Islands practice and an active

member of the Virgin Islands Bar within one year of application

for certification; or,

(b) If approved by the Chief Judge, upon written request

setting forth reasonable and sufficient grounds, be a retired

judge who was a member of the bar in the state or Territory in

which the judge presided. The judge must have been a member in

good standing of the bar of another state for at least five years

immediately preceding the year certification is sought but need

not meet the requirements of subsection (b)(1)(D)(ii); or,

in his or her professional field with at least five (5) years of

practice in the Virgin Islands.

(2) Notwithstanding the foregoing requirements for

certification, the Court may, in the absence of available

certified mediators, appoint as a mediator a qualified person

acceptable to the Court and the parties.

(3) A person certified as a mediator by the American

Arbitration Association or any other national organization

approved by the Court shall be deemed to qualify under this

section as a Court Mediator.

(c)(1) Referral by Court. Except as hereinafter provided, the

Court may hereafter order any contested civil matter or

selected issue to be referred to mediation.

(A) Conference or Hearing Date. The first mediation

conference shall be held within the deadline ordered by the

Court.

(B) Role of Counsel. Unless otherwise ordered by the Court,

counsel to the parties shall attend and participate in mediation

conferences.

a time and location, agreed to by the parties and the mediator

unless otherwise ordered by the Court.

(2) Motion to Dispense with Mediation. A party may move to

dispense with mediation if:

(A) The issue to be considered has been previously mediated

between the same parties;

(B) The issue presents a question of law only;

(d)(1) Duties of Mediators. Mediators have a duty to define and

describe the process of mediation and its costs at the first

mediation conference. The subjects covered should include the

following:

(A) Mediation procedures;

(B) The differences between mediation and other forms of

conflict resolution;

alone with either of the parties or with any other person;

(D) The confidentiality provided for by Title 5,

Section 854 of the Virgin Islands Code;

(E) The duties and responsibilities of the mediator and

the parties;

(F) The fact that any agreement reached must be reached by

mutual consent of the parties;

(G) The information necessary to define the disputed

issues.

(2) Mediators have a duty to disclose any fact that would be

grounds for disqualification. Mediators have a duty to be

impartial and to advise all parties of any circumstances

suggesting possible bias, prejudice or lack of impartiality.

Persons selected as a mediator shall be disqualified for bias,

prejudice or partiality, as provided by Title 28 U.S.C. Section

144, and shall disqualify themselves in any action in which they

would be required under Title 28 U.S.C. Section 455 to disqualify

themselves if they were a Judge or Magistrate Judge. Any party

may move the Court to enter an order disqualifying a mediator for

good cause.

(3) Mediators appointed by the Court pursuant to these Rules

shall have judicial immunity in the same manner and to the same

extent as a judge.

(e)(1) Completion of Mediation. Mediation shall be completed

within ninety (90) days of the first mediation conference unless

extended by order of the Court.

(2) Exclusions from Mediation. The following actions shall

not be referred to mediation:

(A) Criminal actions;

(B) Forfeitures of seized property;

(D) Any litigation expedited by statute or rule.

(3) Discovery. Discovery may continue throughout

mediation. Such discovery may be delayed or deferred upon

agreement of the parties or by order of the Court.

(4) Disclosure Privilege. Each party involved in a Court-

ordered mediation conference has a privilege to refuse to

disclose, and to prevent any person present at the proceeding

from disclosing, communications made during such proceeding.

(5) Inadmissibility of Mediation Proceedings. All

communications, written or oral, made in the course of a

mediation proceeding, other than an executed settlement

agreement, shall be inadmissible as evidence in any subsequent

legal proceeding, unless all parties agree otherwise.

(f)(1) Interim or Emergency Relief. Mediators may apply to the

Court for interim or emergency relief at any time, at the

initiation of the mediator after consultation with the parties,

or at the parties’ request. Mediation shall continue while such a

motion is pending absent a contrary order of the Court or a

decision of the mediator to adjourn pending disposition of the

motion. Time for completing mediation shall be tolled during any

periods where mediation is interrupted pending resolution of such

a motion.

(2) Sanctions for Failure to Appear. If a party, without

good cause, fails to appear at a duly noticed mediation

conference or fails to participate in the mediation in good

faith, the Court shall impose sanctions, including an award of

mediator and attorney fees and other costs. If, in the opinion of

the mediator, a party has not participated in the mediation in

good faith, and notwithstanding any other provisions of this

Rule, the mediator shall notify the referring judge in writing

who shall conduct such further proceedings as appropriate to

resolve the issue. If a party to mediation is a public entity,

that party shall be deemed to appear at a mediation conference by

the physical presence of a representative with full authority to

negotiate on behalf of the entity and to recommend settlement to

the appropriate decision-making body of the entity. Otherwise,

unless stipulated by the parties, a party is deemed to appear at

a mediation conference if the following persons are physically

present:

(A) The party or its representative having full authority to

settle without further consultation; and,

(B) A representative of the insurance carrier for any

insured party who is not such carrier’s outside counsel and who

has full authority to settle without further consultation.

(3) Communication with Parties. The mediator may meet and

consult with the parties or their counsel, individually or

collectively, on any issue pertaining to the subject matter of

the mediation. Should the mediator wish to discuss a matter with

parties, the mediator must inform all parties to the mediation.

(4) Appointment of the Mediator.

(A) Within ten (10) days of the order of referral, the

parties may agree upon a stipulation with the Court

designating:

(i) A certified mediator; or

(ii) A mediator who does not meet the certification

requirements of these Rules but who, in the opinion of the

parties and upon review by the Court, is otherwise qualified by

training or experience to mediate all or some of the issues in

the particular case.

(B) If the parties cannot agree upon a mediator within ten

(10) days of the order of referral, the plaintiff or petitioner

shall so notify the Court. The Court shall appoint a certified

mediator selected by rotation or by such other procedures as may

be adopted by administrative order of the Court.

(5) Compensation of the Mediator. The mediator shall be

compensated by the parties. The Court may determine the

reasonableness of the fees charged by the mediator. In the

absence of a written agreement providing for the mediator’s

compensation, the mediator shall be compensated at the hourly

rate set by the Court in the referral order. Each party shall pay

one-half or such other proportionate share of the total charges

of the mediator as may be agreed upon, unless the mediator and/or

the Court determines that one party has not mediated in good

faith.

(g)(1) No Agreement. If the parties do not reach any agreement

as to any matter as a result of mediation, or if the mediator

determines that no settlement is likely to result from the

mediation, the mediator shall report the lack of an agreement to

the Court without comment or recommendation. With the consent of

the parties, the mediator’s report may also identify any pending

motions or outstanding legal issues, discovery process, or other

action by any party which, if resolved or completed, would

facilitate the possibility of a settlement.

(2) Agreement. If an agreement is reached, it shall be

reduced to writing and signed by the parties and their counsel,

if any. The agreement shall be filed when required by law or with

the parties’ consent. If the agreement is not filed, a joint

stipulation of dismissal shall be filed. By stipulation of the

parties, the agreement may be electronically or stenographically

recorded, and any transcript may be filed with the Court.

(3) Imposition of Sanctions. In the event of any breach of

or failure to perform under the agreement, the Court upon motion

may impose sanctions, including costs, attorney fees, or other

appropriate remedies including entry of judgment on the

agreement.

Rule 5.1 General Format of Papers Presented for

Filing

(a) All pleadings, motions, and other papers presented for

filing shall be double-spaced, except for quoted material. Each

page shall be numbered consecutively. All documents shall be

prepared in an 8-1/2 x 11-inch format and shall be plainly

typewritten or printed, on a white background, or prepared by a

clearly legible duplication process.

(b) This Rule does not apply to: (1) exhibits submitted for

filing or, (2) documents filed in actions prior to removal from

the state courts.

Rule 5.2 Appearances; Withdrawal as Counsel

(a) The attorney for each party in any cause shall promptly

file an appearance in the office of the Clerk of the Court,

giving the address in the Virgin Islands where all notices and

papers may be served upon the attorney.

(b) No attorney may withdraw an appearance except with leave

of Court after notice to the attorney’s client. All motions for

withdrawal as counsel shall include a verified statement as to

contact with or attempts to contact the client concerning such

withdrawal and an indication of service upon or efforts to serve

the client with the moving papers. The proposed order submitted

should include the following:

- allowing withdrawal

- providing for stay of a reasonable number of days to allow the

client to obtain new counsel

- providing for service on client of order allowing withdrawal by

withdrawing counsel and the filing of proof thereof.

Rule 5.3 Court Service to Attorneys Through Clerk’s Office Boxes

Attorneys in active practice in the District Court have

assigned boxes in the Clerk’s office for service by the Court of

orders and other communications that are not served

electronically. It is the duty of counsel to check their boxes

sufficiently often to ensure that they receive timely notice of

such orders and other notices.

Rule 5.4 Electronic Filing

(a) SCOPE OF ELECTRONIC FILING

(1) Except as provided by these Rules or by order of the

Court, all cases are assigned to the Electronic Filing System.

Unless otherwise provided by these Rules or by order of the

Court, all pleadings and other documents required to be filed

with the Court by a Filing User (see LRCi 5.4(b)) in connection

with a case assigned to the Electronic Filing System must be

electronically filed. All such cases shall be filed in

accordance with these Rules and the District Court of the V.I.

Electronic Case Files User Manual located on the Court’s website:

http://www.vid.uscourts.gov. Payment must be made when documents

that require payment are filed electronically. Payment can be

made by cash, check or money order or by such electronic payment

that may be approved in the User Manual. If payment is not

received by the close of business on the next working day after

filing, the Court shall take necessary action which may include

striking the document or dismissal of the action.

(2) In a case assigned to the Electronic Filing System after

it has been opened, parties who are Filing Users, or are

represented by Filing Users, must promptly provide the Clerk with

electronic copies of all documents previously provided in paper

form on which they subsequently rely in electronically filed

documents. All documents filed thereafter must be filed by Filing

Users electronically except as provided in these Rules or as

ordered by the Court.

(3) In cases removed from the Superior Court of the Virgin

Islands, the removing party must electronically file all removal

documents required by 28 U.S.C. § 1446.

(b) ELIGIBILITY, REGISTRATION, PASSWORDS

(1) Attorneys who intend to practice in this Court,

including those regularly admitted or admitted pro hac vice to

the bar of the Court and attorneys authorized to represent the

United States or Government of the U.S. Virgin Islands without

being admitted to the bar, must register as Filing Users of the

Court’s Electronic Filing System in a form prescribed by the

Clerk. Attorneys who are unable to register (e.g., because they

do not have an Internet e-mail address) must receive specific

exemption from the Court in a form prescribed by the Clerk.

(2) If the Court permits, a party to a pending civil action

who is eligible to proceed pro se may register as a Filing User

in the Electronic Filing System solely for purposes of the action

in a form prescribed by the Clerk. If, during the course of the

action, the party retains an attorney who appears on the party’s

behalf, the attorney must advise the Clerk to terminate the

party’s registration as a Filing User upon the attorney’s

appearance.

(3) Registration as a Filing User constitutes consent to

electronic service of all documents as provided in these Rules in

accordance with the Federal Rules of Civil Procedure.

(4) Once registration is completed, the Filing User shall

receive notification of the user log-in and password. Filing

Users must protect the security of their passwords and

immediately notify the Clerk if they learn that their password

has been compromised. Filing Users may be subject to sanctions

for failure to comply with this provision.

(5) Once registered, a pro se Filing User may withdraw from

participation in the Electronic Filing System by providing the

Clerk’s office with written notice of the withdrawal.

(1) Electronic transmission of a document to the Electronic

Filing System consistent with these Rules, together with the

transmission of a Notice of Electronic Filing from the Court,

constitutes filing of the document for all purposes of the

Federal Rules of Civil Procedure and these Rules, and constitutes

entry of the document on the docket kept by the Clerk under

Federal Rules of Civil Procedure 58 and 79.

(2) Before filing a scanned document with the Court, a

Filing User must verify its legibility

(3) When a document has been filed electronically, the

official record is the electronic document as stored by the

Court, and the filing party is bound by that document. Except in

the case of documents first filed in paper form and subsequently

submitted electronically, a document filed electronically is

deemed filed on the date and at the time stated on the Notice of

Electronic Filing from the Court.

(4) Filing a document electronically does not alter the

filing deadline for that document. Unless otherwise ordered by

the Court a filing must be completed before 11:59 p.m. U.S.

Virgin Islands time in order to be considered timely filed that

day.

(d) ENTRY OF COURT-ISSUED DOCUMENTS

All orders, decrees, judgments, and proceedings of the Court

shall be filed in accordance with these Rules. Such filing shall

constitute entry on the docket kept by the Clerk under Federal

Rules of Civil Procedure 58 and 79. All signed orders shall be

filed electronically by the Court or Court personnel. Any order

or other Court-issued document filed electronically without the

original signature of a Judge or Clerk has the same force and

effect as if the Judge or Clerk had signed a paper copy of the

order.

(1) Orders may also be issued as “text-only” entries on the

docket, without an attached document. Such orders are official

and binding.

(2) The Court may sign, seal and issue a summons

electronically, but a summons may not be served electronically.

(3) A Filing User submitting a document electronically that

requires a Judge’s signature must promptly deliver the document

in such form as the Court requires.

(e) ATTACHMENTS AND EXHIBITS

Filing Users must submit in electronic form all documents

referenced as exhibits or attachments for which a hyperlink is

not available, unless the Court permits conventional filing. A

Filing User must submit as exhibits or attachments only those

excerpts of the referenced documents that are directly germane to

the matter under consideration by the Court. Excerpted material

must be clearly and prominently identified as such. Filing Users

who file excerpts of documents as exhibits or attachments under

this Rule do so without prejudice to their right to timely file

additional excerpts or the complete document. A Filing User

must, however, provide the complete document from which excerpts

are made to parties known not to have a copy. Responding parties

may timely file additional excerpts or the complete document that

they believe are directly germane. The Court may authorize or

require parties to file additional excerpts or the complete

document.

(f) SEALED DOCUMENTS

Documents ordered to be placed under seal may be filed

conventionally or electronically as authorized by the Court. A

motion to file documents under seal may be filed electronically

unless prohibited by law. The order of the Court authorizing the

filing of documents under seal may be filed electronically unless

prohibited by law. If filed conventionally, a paper copy of the

order must be attached to the documents under seal and delivered

to the Clerk.

(g) RETENTION REQUIREMENTS

Documents (excluding depositions) that are electronically

filed and require original signatures other than that of the

Filing User must be maintained in paper form by the Filing User

until five years after all time periods for appeals expire. On

request of the Court, the Filing User must provide original

documents for review.

(h) SIGNATURES

(1) The user log-in and password required to submit

documents to the Electronic Filing System serve as the Filing

User’s signature on all electronic documents filed with the

Court. They also serve as a signature for purposes of Federal

Rule of Civil Procedure 11, other Federal Rules of Civil

Procedure, these Rules, and any other purpose for which a

signature is required in connection with proceedings before the

Court. Electronically filed documents must include a signature

block and must set forth the Filing User’s name, address

(including email address), telephone number and the attorney’s

U.S. Virgin Islands bar registration number, if applicable. In

addition, the name of the Filing User under whose log-in and

password the document is submitted must be preceded by an “s/”

and typed in the space where the signature would otherwise

appear.

(2) No Filing User or other person may knowingly permit or

cause to permit a Filing User’s password to be used by anyone

other than an authorized agent of the Filing User.

(3) Documents containing the signature of non-Filing Users

are to be filed electronically with the signature represented by

a “s/” and the name typed in the space where a signature would

otherwise appear, or as a scanned image.

(4) Documents requiring signatures of more than one party

must be electronically filed either by: (i) submitting a scanned

document containing all necessary signatures; (ii) representing

the consent of the other parties on the document; (iii)

identifying on the document the parties whose signatures are

required and by the submission of a notice of endorsement by the

other parties no later than three business days after filing; or

(iv) in any other manner approved by the Court.

(i) SERVICE OF DOCUMENTS BY ELECTRONIC MEANS

(1) The “Notice of Electronic Filing” that is automatically

generated by the Court’s Electronic Filing System, except as

provided below, constitutes service of the filed document on

Filing Users. Parties who are not Filing Users must be served

with a copy of any pleading or other document filed

electronically, together with the Notice of Electronic Filing, by

an alternate method in accordance with the Federal Rules of Civil

Procedure and these Rules.

(2) In the absence of a Notice of Electronic Filing, service

of any sealed document by an alternate method, in accordance with

the Federal Rules of Civil Procedure and these Rules, is

required.

(3) A certificate of service must be included with all

documents that are served, including those that are filed

electronically, indicating that service was accomplished through

the Notice of Electronic Filing for parties and counsel who are

Filing Users and indicating how service was accomplished on any

party or counsel who is not a Filing User.

(j) NOTICE OF COURT ORDERS AND JUDGMENTS

Immediately upon the entry of an order or judgment in an

action assigned to the Electronic Filing System, the Clerk shall

transmit to Filing Users in the case, in electronic form, a

Notice of Electronic Filing. Electronic transmission of the

Notice of Electronic Filing constitutes the notice required by

Federal Rule of Civil Procedure 77(d). The Clerk must give

notice in paper form to a person who has not consented to

electronic service in accordance with the Federal Rules of Civil

Procedure.

(k) TECHNICAL FAILURES

A Filing User whose filing is made untimely as the result of

a technical failure and who is unable to make a timely filing by

traditional means must seek appropriate relief from the Court.

(l) PUBLIC ACCESS

(1) Parties shall refrain from including, or shall partially

redact where inclusion is necessary, the following personal data

identifiers from all documents filed with the Court, including

exhibits, whether filed electronically or on paper, unless

otherwise ordered by the Court:

(A) Social Security numbers. If an individual’s Social

Security number must be included, only the last four digits of

that number should be used.

(B) Names of minor children. If the involvement of a minor

child must be mentioned, only the initials of that child should

be used.

included, only the year should be used.

(D) Financial account numbers. If financial account numbers

are relevant, only the last four digits should be used.

(2) A party wishing to file a document containing the

personal data identifiers listed above may:

(A) file an unredacted version of the document under seal,

(B) file a reference list under seal. The reference list

shall contain the complete personal data identifier(s) and the

redacted identifier(s) used in its (their) place in the filing.

All references in the case to the redacted identifiers included

in the reference list shall be construed to refer to the

corresponding complete personal data identifier. The reference

list must be filed under seal and may be amended as of right.

(3) The unredacted version of the document or the reference

list shall be retained by the Court as part of the record. The

Court may, however, still require the party to file a redacted

copy for the public file.

(4) The responsibility for redacting these personal

identifiers rests solely with counsel and the parties. The Clerk

will not review documents for compliance with this Rule.

(m) HYPERLINKS

(1) Electronically filed documents may contain the following

types of hyperlinks:

(A) Hyperlinks to other portions of the same document

and/or, where possible, other documents within the CM/ECF system;

and

(B) Hyperlinks to a location on the Internet that contains a

source document for a citation.

(2) Hyperlinks to cited authority do not replace standard

citation format. Complete citations must be included in the text

of the filed document. Neither a hyperlink, nor any site to which

it refers, is part of the record. Hyperlinks are simply

convenient mechanisms for accessing material cited in a filed

document.

(n) NOTICE OF LIS PENDENS

A copy of any recorded lis pendens shall be filed with the

pleading or other document to which it pertains.

Rule 6.1 Computation of Time

As used in Federal Rules of Civil Procedure 6(a) and 77(c)

“legal holiday” includes, in addition to the days set forth in

those rules, any other day appointed as a holiday by the

Territory of the Virgin Islands on which the District Court of

the Virgin Islands is closed.

III. Pleadings and Motions

Rule 7.1 Documents Filed with the Court

(a) MOTION, RESPONSE AND REPLY. Only a motion, a response in

opposition, and a reply may be served on counsel and filed with

the Court; further response or reply may be made only by leave of

Court obtained before filing (counsel will be sanctioned for

violation of this limitation).

(b) SUPPORTING DOCUMENTS. When allegations of fact not

appearing of record are relied upon in support of a motion,

response or reply, all affidavits and other pertinent documents

shall be filed before the hearing of the motion.

accompanied by a brief which shall contain a concise statement of

reasons and citation of authorities.

(d) PAGE LIMIT. With the exception of exhibits and other

supporting documentation, no document filed with the Court shall

exceed twenty (20) pages without leave of Court.

(e) TIME PERIODS.

(1) A party shall file a response within fourteen (14) days

after service of the motion. For good cause shown, parties may

be required to file a response and supporting documents,

including brief, within such shorter period of time as the Court

may specify, or may be given additional time upon request made to

the Court.

(2) A party shall file a reply, if any, within fourteen (14)

days after service of the response.

(3) Nothing herein shall prohibit the Court from ruling

without a response or reply when deemed appropriate.

(4) The time period for any response and reply to a motion

filed under Federal Rule of Civil Procedure 12 shall be as

provided in LRCi 12.1. The time period for any response and reply

to a summary judgment motion filed under Federal Rule of Civil

Procedure 56 shall be as provide in LRCi 56.1.

(f) REQUEST FOR ORAL ARGUMENT. A request for oral argument shall

be separately stated by the movant or respondent at the

conclusion of the motion or response.

– Amended December 1, 2009.

Rule 7.2 Motions in Limine

All motions in limine shall be filed no later than twenty-

one (21) days before the day scheduled for jury selection, absent

good cause shown to the Court upon a timely written motion to

file out of time.

Rule 7.3 Motions for Reconsideration

A party may file a motion asking the Court to reconsider its

order or decision. Such motion shall be filed within fourteen

(14) days after the entry of the order or decision unless the

time is extended by the Court. Extensions will only be granted

for good cause shown. A motion to reconsider shall be based on:

1. intervening change in controlling law;

2. availability of new evidence, or;

3. the need to correct clear error or prevent manifest injustice.

– Amended December 1, 2009.

Rule 9.1 Social Security Number in Social Security Cases

Any person seeking judicial review of a decision of the

Secretary of Health and Human Services under Section 205(g) of

the Social Security Act [42 U.S.C. § 405(g)] shall provide, on a

separate paper attached to the complaint served on the Secretary

of Health and Human Services, the social security number of the

worker on whose wage record the application for benefits was

filed. The person shall also state, in the complaint, that the

social security number has been attached to the copy of the

complaint served on the Secretary of Health and Human Services.

Failure to provide a social security number to the Secretary of

Health and Human Services will not be grounds for dismissal of

the complaint.

Rule 11.1 Citation of Authority

By signing a motion or supporting memorandum or brief, an

attorney certifies to the Court that:

(a) the applicable law in this jurisdiction has been cited,

including authority for and against the position being advocated

by counsel;

(b) the applicable law in this jurisdiction has been

presented before law from another jurisdiction is cited. Counsel

must file with the document a copy of any foreign law relied upon

therein unless that authority is available in the Court’s

library.

Rule 11.2 Violations of Local Rules

The Court may sanction for violation of any Rule governing

the form of pleadings and other papers filed with the Court only

by the imposition of a fine against the attorney or a person

proceeding pro se. Rules governing the form of pleadings and

other papers filed with the Court include, but are not limited

to, those Rules requiring a special designation in the caption

and, when the Court permits paper filing, those regulating paper

size and the number of copies filed.

Rule 12.1 Dispositive Motions Pursuant to Federal Rule of Civil

Procedure 12

The following procedures govern dispositive motions filed

pursuant to Federal Rule of Civil Procedure 12.

(a) DOCUMENTS FILED BY MOVANT.

(1) Motion. Each motion shall be accompanied by a brief.

(2) Reply. Any reply from the movant shall be filed within

fourteen (14) days of the filing of an opposition from an adverse

party.

(b) DOCUMENTS FILED BY RESPONDENT.

Any party responding to a motion submitted under this Rule

may file a response brief within twenty (20) days of the filing

of the motion.

(1) No party may amend the deadlines for the filing of

motions or responses thereto if the Court has issued an order

setting such deadlines. In the absence of such an order, a party

may seek an extension from the other party of the deadline

otherwise prescribed in this Rule. When a party requests an

extension of time from the other party, the parties shall first

make a good faith effort to negotiate a reasonable extension,

which shall not exceed thirty (30) days from the deadline

otherwise prescribed in this Rule. Only one such extension for

the motion in question is permitted. The party seeking the

extension must file notice of any such negotiated extension

before the filing date prescribed in this Rule.

(2) If the parties cannot agree, the party seeking an

extension may apply to the Court. If the Court grants the

application, the parties may not thereafter alter the deadlines

set by the Court without leave of the Court.

(d) PAGE LIMIT.

No brief shall exceed twenty pages without leave of Court.

If granted, the same leave shall automatically extend to any

responding brief.

– Amended December 1, 2009.

Rule 15.1 Form of a Motion to Amend and its Supporting

Documentation

A party who moves to amend a pleading shall file the

amendment with the motion. Except as otherwise ordered by the

Court, any amendment to a pleading, whether filed as a matter of

course or upon a motion to amend, must reproduce the entire

pleading as amended specifically delineating the changes or

additions and may not incorporate any prior pleading by

reference. A proffered amended pleading must note prominently on

the first page the numbered amendment it represents; i.e., 1st,

2nd, 3rd amendment, etc.

Rule 16.1 Pretrial Procedure

(a) DISCOVERY MEMORANDUM. All parties shall conduct discovery

expeditiously and diligently. No less than three business days

prior to the initial scheduling conference held pursuant to

Federal Rule of Civil Procedure 16, each party shall file with

the Court a discovery memorandum which shall include, but need

not be limited to, the following items:

(1) a brief statement of the facts underlying the

claims or defenses in the action and of the legal issues in

the case;

(2) a description of all discovery conducted by the

party to date;

(3) a description of all discovery problems encountered to

date, the efforts undertaken by the party to remedy these

problems, and the party’s suggested resolution of the problems;

(4) a description of the party’s further discovery needs,

including any special needs (e.g., videotape, telephone

depositions, or problems with off island witnesses or documents,

etc.);

(5) the party’s estimate of the time needed to

complete discovery;

(6) a statement regarding whether expert testimony will be

necessary, and the party’s anticipated schedule for retention of

experts and submission of their reports;

(7) a statement regarding whether there should be any

limitation placed upon use of any discovery device and, if so,

the reason the limitation is sought.

(b) JOINT FINAL PRETRIAL ORDER. The proposed Joint Final

Pretrial Order shall be prepared through cooperation of counsel

within the deadlines and in accordance with instructions given

by the Court. After each counsel has submitted the respective

portions of the proposed pretrial order to other counsel,

plaintiff’s counsel shall convene a conference, in person or by

telephone, to attempt

to reconcile any matters on which there is a disagreement. After

diligent efforts to resolve such disagreements, all areas of

agreement or disagreement shall be noted in the proposed Joint

Final Pretrial Order. The proposed Order shall be a single

document reflecting efforts of all counsel, signed by all counsel

of record, and then filed by plaintiff’s counsel for review and

entry by the Court. The Court may enforce the provisions and

requirements of the Joint Final Pretrial Order by sanctions

against counsel or the parties.

CONCLUSIONS OF LAW. No later than seven (7) days before the date set

for trial or at such time as the Court may direct:

(1) Each party must file a trial brief or memorandum with

citations and authorities and arguments in support of the party’s

position on all disputed issues of law.

(2) In a jury case, each party must also file written

requests for charge to the jury. Supplemental requests for charge

may be submitted at any time prior to the arguments to the jury.

All requests for charge must be plainly marked with the name and

number of the case; shall contain citations of supporting

authorities if any; shall designate the party submitting the

same; and in the case of multiple requests by a party, shall be

numbered in sequence.

(3) In a non-jury case, the litigants must file proposed

Findings of Fact and Conclusions of Law.

– Amended December 1, 2009.

IV. Parties

Rule 23.1 Designation of “Class Action” in the Caption

In any case sought to be maintained as a class action, the

complaint or other pleading asserting a class action shall

include next to its caption, the legend “Class Action.”

Rule 24.1 Procedure for Notification of Claim of

Unconstitutionality

(a) In any action, suit, or proceeding in which the

Territory or any agency, officer, or employee thereof is not a

party, and in which the constitutionality of any statute of the

Territory affecting the public interest is drawn in question, the

party raising the constitutional issue shall notify the Court of

the existence of the question either by checking the appropriate

box on the Civil Cover Sheet or by stating on the pleading that

alleges the unconstitutionality, immediately following the title

of that pleading, “Claim of Unconstitutionality” or the

equivalent.

(b) Failure to notify the Court as provided in subsection

(a) is not a waiver of any constitutional right otherwise timely

asserted.

V. Depositions and Discovery

Rule 26.1 Document Production; Documents Not Filed

When Federal Rule of Civil Procedure 5(d) forbids filing

documents or other material in connection with disclosures or

discovery requests and responses, a party serving such material

shall promptly file a notice setting forth the nature of the

material and the date on which it was served. The Clerk of the

Court shall return any documents or other material that are filed

in violation of Federal Rule of Civil Procedure 5(d).

Rule 26.2 Participation Limits; Duplicative Disclosures

(a) DEPOSITIONS - PARTICIPATION LIMITS

No more than one attorney for each party may question the

deponent, except as provided by stipulation of the parties or

upon order of the Court.

(b) STIPULATIONS CONCERNING REQUIRED DISCLOSURES

The parties may, by stipulation, extend the scope of

disclosures under Federal Rule of Civil Procedure 26 (a).

In complying with their obligations under Federal Rule of

Civil Procedure 26(a)(1)(D), parties shall provide reports or

documents received from insurers that bear on reservation of

rights or denial of coverage.

(d) DUPLICATIVE DISCLOSURE

Duplicative disclosure is not required, and a statement that

disclosure has already been made, and where it has been made,

discharges the obligation imposed under Federal Rule of Civil

Procedure 26.

Rule 26.3 Expert Witness ‒ Written Report; Video Taping

(a) TESTIMONY AND THE EXPERT’S WRITTEN REPORT/DEPOSITION

The testimony of an expert witness at trial shall be based

upon the opinions advanced in the written report disclosed under

Federal Rule of Civil Procedure 26(a)(2) and/or the expert’s

deposition, if any. Experts shall not be permitted to testify on

matters beyond the scope of the subjects and the opinions

expressed in the referenced written report (or, if elicited on

cross-examination, at a deposition).

(b) VIDEO TAPING OF EXPERT DISCOVERY

Absent good cause shown, if a trial date has been set at

least forty-five (45) days in advance, and the testimony of an

expert witness has not been video taped, and the witness is

unavailable for the trial, the parties will be required to

proceed.

(1) Unless the parties have agreed to the contrary in

writing, responsibility for compensating experts shall be

according to Federal Rule of Civil Procedure 26(b)(4)(C). Unless

otherwise provided by the Court, a proposed bill for the expert’s

charges must be provided to the party seeking discovery twenty

(20) days prior to the deposition. If the deposing party objects

to the charges, prompt application shall be made to the Court to

obtain a ruling on their reasonableness before the deposition.

(2) If an expert demands payment in advance of the

deposition date, absent an agreement to the contrary, the party

seeking discovery must advance or otherwise secure such sums.

Rule 30.1 Filing of Depositions

If a case is to proceed to trial, the depositions eligible for

filing shall be filed three (3) business days before the trial is

to begin. In that regard, a party taking the deposition shall be

the custodian of the original deposition, and at its own

initiative, or upon timely request by another party seeking to

use the deposition, shall electronically file a copy of the

original.

- Amended December 1, 2009.

Rule 33.1 Interrogatories

Interrogatories shall be prepared so that sufficient space

for insertion of the answers is provided after each interrogatory

or subsection thereof. The answering party shall insert answers

on the original interrogatories served and return the original to

counsel for the party that propounded such interrogatories with

copies served on counsel for all other parties. If insufficient

space exists on the original for insertion of answers, the

answering party shall retype the questions and provide answers so

as to ensure that each answer follows the question or subsection

thereof.

Rule 37.1 Pre-Filing Conference of Counsel

Prior to filing any motion relating to discovery pursuant to

Federal Rules of Civil Procedure 26-37, other than a motion

relating to depositions under Federal Rule of Civil Procedure 30,

counsel for the parties shall confer in a good faith effort to

eliminate the necessity for the motion or to eliminate as many of

the disputes as possible. It shall be the responsibility of

counsel for the moving party to arrange for this conference. To

the extent practicable, counsel are encouraged to meet in person

at a mutually convenient location. If, in the consideration of

time and/or resources, counsel agree that meeting in person is

not practicable, the conference may take place telephonically or

electronically. Unless otherwise provided by stipulation or by

written order of the Court, the conference shall be completed

within thirty (30) calendar days after the moving party serves a

letter requesting such conference. The moving party’s letter

shall identify each issue and/or discovery request in dispute,

state briefly with respect to each the moving party’s position

(and provide any legal authority), and specify the terms of the

discovery order to be sought.

Rule 37.2 Moving Papers

(a) STIPULATION. If counsel are unable to resolve all of their

differences, they shall formulate and sign a written stipulation

to that effect, expressly certifying their compliance with LRCi

37.1. The stipulation shall include the moving party’s letter

requesting a pre-filing conference of counsel and shall be filed

and served with the motion.

(b) MOTION PRACTICE. Motion practice hereunder shall comply

with LRCi 7.1, addressing only those issues in dispute and, with

respect to each such issue, the contentions and authorities of

the party. To the extent possible, the parties should not refer

the Court to documents other than those to which they are

responding. In particular, those discovery requests and

responses, or parts thereof, to which objections are made should

be set forth in the motion, response or reply or an accompanying

brief.

discovery motion in the absence of (1) the signed stipulation and

certification required by LRCi 37.2(a), or (2) a declaration from

counsel for the moving party establishing that opposing counsel:

(1) failed to confer in a timely manner after receipt of a

letter requesting a conference under LRCi 37.1; or

(2) refused to sign the stipulation and certification

required by LRCi 37.2(a).

Rule 37.3 Cooperation of Counsel - Sanctions

The failure of any counsel to comply with or cooperate in,

or the abuse by counsel of, the foregoing procedures may result

in the imposition of sanctions.

VI. Trials

Rule 38.1 Notation of “Jury Demand” in the Pleading

If a party demands a jury trial by endorsing it on a

pleading, a notation shall be placed on the front page of the

pleading immediately following the title, stating “Demand For

Jury Trial” or an equivalent statement. This notation will serve

as a sufficient demand under Federal Rule of Civil Procedure

38(b). Failure to use this manner of noting the demand will not

result in a waiver under Federal Rule of Civil Procedure 38(d).

Rule 39.1 Exhibits

(a) All exhibits received in evidence or offered and

rejected during trial or any evidentiary hearing, shall be

delivered to the Clerk of the Court through the courtroom deputy,

who shall keep the same in custody until it is determined whether

an appeal has been taken from a final judgment. In the event of

an appeal, exhibits shall be retained by the Clerk until

disposition of the appeal. The Clerk may permit United States

Magistrate Judges, Official Court Reporters, and chambers staff

to have custody of exhibits when necessary to expedite the

business of the Court. No persons other than the United States

Magistrate Judges, Official Court Reporters, or chambers staff

shall be permitted to remove exhibits from the Clerk’s custody,

except upon order of the Court in extreme circumstances.

(b) Sensitive exhibits, after submission into evidence,

shall remain in the custody of the proponent or the appropriate

agency during the trial of the case and for any appeal period

thereafter. Such evidence includes, without limitation,

narcotics, weapons, currency, and any other evidence designated

by the Court as sensitive.

the custody of the Clerk shall be returned to the offering party

upon the later of the following: (1) the expiration of the

period within which an appeal must be filed, or (2) the

completion of the appellate process. The Clerk shall notify the

offering party in writing of the requirement to present

him/herself to the Clerk’s Office to claim such exhibits within

thirty days of receipt of the Clerk’s written request. Unclaimed

exhibits may be destroyed or otherwise disposed of by the Court.

Rule 43.1 Interpreters

The parties involved in litigation in which there will be a

need for an interpreter are responsible for securing and

submitting the name(s) of qualified interpreters for approval by

the Court at least six (6) days before the interpreter’s services

are required.

Rule 47.1 Juror Contact

(a) Before or during the trial of a case, no attorney,

party, or witness shall, directly or indirectly, communicate

with or cause another to communicate with any prospective or

current member of the jury.

(b) After the conclusion of a trial, no attorney, party, or

witness shall, directly or indirectly, communicate with or cause

another to communicate with any member of the jury without first

receiving permission from the Court.

– Amended October 31, 2008.

VII. Judgment

Rule 54.1 Bills of Costs

(a) Within thirty days after the entry of a final judgment

or a judgment allowing costs, the prevailing party shall serve

on the adverse party and file with the Clerk of the Court a Bill

of Costs, together with a notice of motion when application will

be made to the Clerk to tax the same.

(b) Such Bill of Costs shall precisely set forth each item

thereof, so that the nature of the charge can be readily

understood, and shall be verified by the attorney for the

applicant, stating that: (1) the items are correct, (2) the

services were actually and necessarily performed, and (3) the

disbursements were necessarily incurred in the action or

proceeding. Counsel shall append to the verified Bill of Costs

copies of all invoices in support of the request for each item.

this Rule, all costs shall be waived.

(d) A dissatisfied party may seek review by the Court upon

written notice of motion served within seven (7) days of the

Clerk’s action, as provided in Federal Rule of Civil Procedure

54(d).

– Amended December 1, 2009.

Rule 56.1 Summary Judgment Motions

The following procedures govern motions for summary

judgment filed pursuant to Federal Rule of Civil Procedure 56.

(a) DOCUMENTS FILED BY MOVANT

(1) Motion. Each summary judgment motion shall be

accompanied by a brief, affidavits and/or other supporting

documents, including a separate statement of the material facts

about which the movant contends there is no genuine issue. Each

fact paragraph shall be serially numbered and shall be supported

by specific citation to the record. The movant shall affix to the

statement copies of the precise portions of the record relied

upon as evidence of each material fact.

(2) Reply. Any reply to the respondent shall be filed

within fourteen (14) days of the filing of the response. If a

respondent has asserted additional facts as provided in

Subsection (b), the moving party shall respond to these

additional facts by filing a reply in the manner and form

specified in subsection (b).

(b) DOCUMENTS FILED BY RESPONDENT

Any party adverse to a motion filed under this rule may

file a response, brief, affidavits and other supporting

documents within twenty (20) days of the filing of the motion.

The respondent must address the facts upon which the movant has

relied pursuant to subsection (a)(1), using the corresponding

serial numbering and either (i) agreeing that the fact is

undisputed; (ii) agreeing that the fact is undisputed for the

purpose of ruling on the motion for summary judgment only; or

(iii) demonstrating that the fact is disputed. The respondent

shall affix to the response copies of, and cite to, the precise

portions of the record relied upon as evidence of each material

fact. In addition, the respondent may file a concise statement of

any additional facts that the respondent contends are material

to the motion for summary judgment and as to which the

respondent contends there exists a genuine issue to be tried.

(1) No party may amend the deadlines for the filing of

motions or responses thereto if the Court has issued an order

setting such deadlines. In the absence of such an order, a party

may seek an extension from the other party of the deadline

otherwise prescribed in this Rule. When a party requests an

extension of time from the other party, the parties shall first

make a good faith effort to negotiate a reasonable extension,

which shall not exceed thirty days from the deadline otherwise

prescribed in this Rule. Only one such extension for the motion

in question is permitted.

The party seeking the extension must

file notice of any such negotiated extension before the filing

date prescribed in this Rule.

(2) If the parties cannot agree, the party seeking an

extension may apply to the Court. If the Court grants the

application, the parties may not thereafter alter the deadlines

set by the Court without leave of the Court.

(d) EFFECT OF FAILURE TO RESPOND

Failure to respond to a movant’s statement of material

facts, or a respondent’s statement of additional facts, as

provided by these Rules may result in a finding that the asserted

facts are not disputed for the purposes of summary judgment.

(e) PAGE LIMIT

No brief shall exceed twenty pages without leave of Court.

For this purpose, “brief” does not include the separate statement

of material facts. If granted, the same leave shall

automatically extend to any responding brief.

– Amended December 1, 2009.

VIII. Provisional and Final Remedies and Special Proceedings

Rule 67.1 Monies Paid into Court

(a) All moneys paid into court or received by an officer

thereof, in any case pending or adjudicated in the Court, shall

forthwith be deposited in a depositary designated by the Court,

in the name and to the credit of the Court. Any such money may,

however, be paid to the rightful owner upon security, according

to the agreement of the parties, under the direction of the

Court.

(b) No money deposited shall be withdrawn except by order of

the Court. In every case in which the right to withdraw money

deposited in court has been adjudicated or is not in dispute and

such money has remained so deposited for at least five (5) years

unclaimed by the person entitled thereto, the Court shall cause

such money to be deposited in the treasury of the Virgin Islands

in the name and to the credit of the Government of the Virgin

Islands. Any claimant entitled to any such money may, thereafter,

on petition to the Court and upon notice to the United States

Attorney and full proof of his right thereto, obtain an order

directing the Government to pay such money to him/her.

Rule 67.2 Withdrawal of a Deposit Pursuant to Federal Rule of

Civil Procedure 67

Any person seeking withdrawal of money which was deposited

in an interest-bearing account or instrument as required by

Federal Rule of Civil Procedure 67, shall provide, on a separate

paper attached to the motion seeking withdrawal of the funds, the

social security number or tax identification number of the

ultimate recipient of the funds. This separate paper shall be

forwarded by the Court directly to the institution holding the

money.

Rule 69.1 Execution

(a) No attachment or execution shall be made on wages except

as provided by Title 5 Virgin Islands Code, chapter 44, and this

Rule.

(b) A judgment creditor, upon application and filing an

affidavit that contains a description of the judgment and its

amount and states that execution has been returned unsatisfied,

and after giving mailed notice to the employer-garnishee and the

judgment debtor, may obtain an order for the garnishment of the

wages of the judgment debtor.

time to vacate a lien and continuing levy created pursuant to

Title 5, Virgin Islands Code, Chapter 44. Upon receiving written

notice of any court proceeding attacking the levy or the judgment

on which it is based, the employer-garnishee shall make no

further payments until receipt of an order of the Court

terminating the proceedings.

(d) The judgment creditor shall:

(1) file with the Clerk of the Court every three (3) months

after serving the levy upon an employer-garnishee a receipt

showing the amount received and the balance due under the levy as

of the date of filing, and furnish copies thereof to the

employer-garnishee and judgment debtor;

(2) file a final receipt with the Court, and furnish a copy

thereof to the employer-garnishee and judgment debtor; and,

(3) move to vacate the levy within twenty (20) days after

such levy has been satisfied.

If the judgment creditor fails to file any of the receipts

prescribed by 5 V.I.C. § 524(a), any interested party may move

the Court to compel the defaulting judgment creditor to appear in

court and make an accounting forthwith.

A judgment creditor receiving payments under this rule from

an employer-garnishee shall give the Clerk of the Court written

notice of the receipt of amounts from any other source that are

credited against the judgment.

(e) No discovery under Federal Rules of Civil Procedure 26

to 37 shall be conducted in a proceeding pursuant to this Rule

without first obtaining an order of the Court, except that the

following questions may be propounded to the employer-garnishee

upon written interrogatory:

(1) Were you, at the time of receiving this interrogatory,

the employer of the defendant?

(2) State the amount paid the defendant as wages in the most

recent pay period.

IX. Special Proceedings

Rule 71A.1 Proceedings to Re-determine Deficiency in Income Tax

(a) PETITIONS AFTER NOTICE OF DEFICIENCY. A proceeding to re-

determine income tax liability pursuant to a notice of deficiency

or notice of liability of any person shall be by petition naming

the Director, Virgin Islands Bureau of Internal Revenue, as

respondent. To the extent consistent with the Internal Revenue

Code as applicable to the Virgin Islands, the following rules of

the United States Tax Court, as amended from time to time, shall

apply:

Rule

Subject

34 (

a) (b)

and

(c)

Petition

Answer

Stipulations

122

Submission Without Trial

142

Burden of Proof

151

Briefs

155

Computation By Parties For

Entry of Decision

210, 211, 213, 215, 216, 217 Declaratory Judgment Actions

In applying each rule of the Tax Court incorporated herein,

the word “Director” shall be substituted for “Commissioner” and

the words “District Court of the Virgin Islands” shall be

substituted for “Tax Court.” Any provision of the Tax Court Rules

incorporated by this rule (1) relating to service of a petition

or other papers, (2) describing the number of copies of a paper

or pleading to be filed, or (3) relating to the place or manner

of filing a petition shall not apply. The Federal Rules of Civil

Procedure otherwise apply.

(b) SPECIAL RULE FOR SMALL TAX CASES. For cases in which the

income tax deficiency (including any additions to tax, additional

amounts and penalties) in dispute is less than $10,000, Rules 170

(General), 171 (Small tax case defined), 172 (Election of small

tax case procedure), 173 (Discontinuance of proceedings),

175(a)(1), (3), (b), and (c) (Pleadings), 176 (Preliminary

hearings), 177(b) and(c) (Trial) of the United States Tax Court,

as amended from time to time, and Federal Rule of Civil Procedure

73, shall apply to the extent consistent with the Internal

Revenue Code as applicable to the Virgin Islands.

tax laws of the Virgin Islands are not affected by this Rule.

Rule 72.1 Magistrate Judges – Authority in Pretrial Matters

The Magistrate Judges are hereby designated to hear and

determine in all civil causes any pretrial matter permitted by 28

U.S.C. § 636 and Federal Rule of Civil Procedure 72.

Rule 72.2 Objections to Non-Dispositive Orders

(a) A party who objects to a Magistrate Judge’s order

concerning a non-dispositive matter shall file a notice of

objection which shall specifically designate the order or part

thereof objected to and the basis for the objection. The notice

of objection shall include a transcript of that portion of the

hearing before the Magistrate Judge wherein findings of fact were

made.

(b) The filing of a notice of objection does not operate to

stay the order pending a determination by the District Judge. A

stay of a Magistrate Judge’s order must be sought in the first

instance from the Magistrate Judge whose order has been objected

to, upon due notice to all interested parties.

Rule 72.3 Objections to Magistrate Judge’s Proposed Findings,

Recommendation or Report

Any party who objects to a Magistrate Judge’s proposed

findings, recommendations or report, shall file objections that

specifically identify the portions of the proposed findings,

recommendations or report to which objection is made and the

basis of such objection. Such party shall also file a transcript

of the specific portions of any evidentiary proceeding to which

objection is made.

Rule 72.4 Procedure for Objecting to a Magistrate Judge’s Non-

Dispositive Order, Proposed Findings, Recommendation or Report

The provisions of Rule 7.1 shall govern objections to a

Magistrate Judge’s non-dispositive order under Rule 72.2 and

objections to a Magistrate Judge’s proposed findings,

recommendations or report under Rule 72.3.

Rule 73.1 Magistrate Judges – Trial Matters

(a) AUTHORITY. The Magistrate Judges are hereby designated to

hear and determine in all civil causes any trial matter permitted

by 28 U.S.C. § 636 and Federal Rule of Civil Procedure 73.

(b) CONDUCTING CIVIL TRIALS BY CONSENT OF THE PARTIES. A consent

form signed by or on behalf of all parties shall be filed

promptly. Plaintiff shall be responsible for securing execution

and filing of such consent form.

Rule 73.2 Magistrate Judges – Additional Duties

The Magistrate Judges are hereby designated to perform such

additional duties as are not inconsistent with the Constitution

and laws of the United States, including but not limited to the

following:

(a) Conducting proceedings for the collection of civil

penalties of not more than $200 assessed under the Federal Boat

Safety Act of 1971, in accordance with 46 U.S.C. § 4311(d).

(b) Conducting examinations of judgment debtors in

accordance with Federal Rule of Civil Procedure 69.

under Title III of the Narcotic Addict Rehabilitation Act.

(d) Issuing warrants or entering orders permitting entry

into and inspection of premises, and/or seizure of property, in

non-criminal proceedings, as authorized by law, when properly

requested by the IRS or other Governmental agencies.

(e) Serving as a special master in an appropriate civil

action pursuant to 28 U.S.C. § 636(b)(2) and Federal Rule of

Civil Procedure 53.

(f) Supervising proceedings conducted pursuant to 28 U.S.C.

§ 1782 with respect to foreign tribunals and to litigants before

such tribunals.

X. District Courts and Clerks of the Courts

Rule 79.1 Books and Records of the Clerk of the Court

(a) The Clerk of the Court shall:

(1) Have custody of the seal of the Court and affix it when

required;

(2) Receive, deposit in depositaries designated by the Court

and disburse in accordance with law and the rules and orders of

the Court, all fees and other moneys due to the Clerk of the

Court or otherwise payable into court;

(3) Take charge of and safely keep or dispose of according

to law all books, papers and records which may be filed and

deposited in the office of the Clerk of Court;

(4) Supervise and direct the work of deputies and

assistants, and act as administrative officer of the Court;

(5) Attend in person or by deputy each session of the Court;

(6) Issue all process and notices required to be issued;

(7) Keep the minutes of all sessions of the Court;

(8) Keep in each judicial division criminal, civil,

admiralty, bankruptcy, probate, naturalization and miscellaneous

dockets in the form required by the Director of the

Administrative Office of the United States Courts, and enter in

the appropriate docket the title of each cause or proceeding

begun in the judicial division, and a memorandum of every

subsequent proceeding therein, with the date thereof, and a

record of all fees charged;

(9) Keep such other indexes and records and make such

reports as may be necessary in the performance of the duties of

the office of the Clerk of the Court and as may be required by

law, the Federal Rules of Criminal Procedure, the Federal Rules

of Civil Procedure, the Admiralty Rules, the General Orders in

Bankruptcy, these Rules or by the Director of the Administrative

Office of the United States Courts, and certify copies of the

same whenever requested;

(10) Exercise such other powers and perform such other

duties as may be assigned to the Clerk by the Court.

(b) The Clerk of the Court shall prepare a calendar for each

session of the District Court in each judicial division which

shall list the causes on the several dockets which are ready to

be heard at that session in that division. Cases that become

ready for hearing during the session may be added to the

calendar.

Rule 80.1 Court Reporting Fees

A current schedule of transcript fees, as established by the

Judicial Conference, is posted in the Clerk of the Court’s office

and is available from the official court reporters.

XI. General Provisions

Rule 82.1 Who May Appear as Counsel; Who May Appear Pro Se

Only members of the bar of this Court may appear as counsel

in civil cases. Only individuals who are parties in civil cases

may represent themselves. All other non-attorneys are not

permitted to represent a party before this Court. Individuals

representing themselves are responsible for performing all duties

imposed upon counsel by these Rules and all other applicable

federal rules of procedure. All parties other than individuals

must be represented by counsel.

- Amended April 29, 2011.

Rule 83.1 Admission of Attorneys

(a) SCOPE OF ADMISSION. The bar of the Court shall consist of

those persons heretofore admitted to practice in the Court and

those who may hereafter be admitted in accordance with these

rules. Notwithstanding the provisions of subsection (b), the

following category of persons shall not be admitted: any attorney

who has been suspended or disbarred, or who has resigned or

withdrawn from the practice of law and has not been reinstated as

a member of the bar of this Court.

(b) REQUIREMENTS

(1) Regular. Any attorney who is a member in good standing

of the Virgin Islands Bar may by verified application and on

motion of a member of the bar of the Court and upon taking the

prescribed oath be admitted as a member of the bar of the Court.

(2) Appearance Pro Hac Vice; Local Counsel. Any attorney

who is a member in good standing of the bar of any United States

court or the highest court of a state, the District of Columbia

or a commonwealth, territory, or possession of the United States

may in the discretion of the Court, on motion, be permitted to

appear and participate in a particular case. If it has not been

done prior to the granting of such motion, an appearance as

counsel of record shall be filed promptly by a member of the bar

of the Court (Local Counsel) upon whom all notices, orders and

pleadings may be served. An attorney admitted pro hac vice to

the bar of the Court may file papers, enter appearances for

parties, sign stipulations, or sign and receive payments on

judgments, decrees or orders. Documents filed by an attorney

admitted pro hac vice shall also include the signature of Local

Counsel. Filings by attorneys admitted pro hac vice are deemed to

include a representation that the filer shared the document with

and received approval for filing from Local Counsel. An attorney

may be admitted pro hac vice in no more than a total of three (3)

cases in any calendar year and may not be further admitted at any

time if such attorney is then admitted pro hac vice in three (3)

active cases regardless of when such admissions occurred.

Admission pro hac vice is not a substitute for admission to the

bar of the Court, but rather is intended to facilitate occasional

appearances only. Notwithstanding a lawyer’s pro hac vice status,

such an attorney is within the disciplinary jurisdiction of the

Court.

(3) Special Admission.

(A) An attorney may seek special admission to the bar of

the Court, if, upon verified application, the Court determines

that the applicant meets the qualifications of a regular

admission except for having passed the Virgin Islands Bar

examination; and (1) the applicant is admitted to practice in the

highest court of a state, the District of Columbia or a

commonwealth, territory or possession of the United States; (2)

the applicant is otherwise professionally, morally and ethically

qualified for admission to the bar of the Court; (3) there is

good cause for the admission of such person and the applicant’s

admission would be in the best interest of the Court; and (4) the

applicant is either: an attorney representing the Government of

the Virgin Islands, its branches, departments, agencies and

instrumentalities; an attorney representing a public interest

group; or, an attorney representing a party on a pro bono basis.

(B) In every case, the burden shall be upon the person

seeking admission pursuant to this Rule to establish to the

satisfaction of the Court his or her qualifications for

admission. An application must be supported by the applicant’s

declaration demonstrating his or her qualifications for

admission. Additionally, the applicant must provide the Court

current certificates of good standing bearing the original seal

of the highest court from each jurisdiction to which he or she is

admitted. A certificate of good standing from a bar association

in and of itself is not sufficient for a Special Admission. An

applicant for special admission must satisfy the same fitness

requirements as any other applicant seeking permanent regular

active admission to the bar of the Court. Good cause may be

satisfied by demonstrating that pro hac vice admission has been

exhausted or is inadequate. The Court may require the submission

of such other information as might be deemed necessary to satisfy

itself as to the attorney’s fitness to practice specially before

the Court.

its special nature and it shall terminate automatically when the

person fails to remain in good standing in each jurisdiction of

admission. Special admission also may be terminated if the good

cause upon which special admission was predicated no longer

exists. While admitted under this Rule, a person shall be

treated as a regular member of the bar of the Court with all

responsibilities and privileges thereof.

(D) The special admission provided by this Rule shall expire

after three (3) years, unless, for good cause shown, the Court

extends that period.

(4) Adherence to Schedules; Sanctions. All members of the

bar of the Court and those specially permitted to participate in

a particular action shall strictly observe the dates fixed for

scheduling conferences, motions, pretrial conferences, trials or

any other proceedings. Failure of counsel for any party, or of a

party appearing pro se, to comply with this Rule may result in

the imposition of sanctions, including the withdrawal of the

permission granted under subsection (b)(2) of this Rule to

participate in the particular action. All motions for continuance

shall be made promptly.

(5) Appearance by Patent Attorneys. Any attorney who is a

member in good standing of the bar of any United States court or

the highest court of a state, the District of Columbia or a

commonwealth, territory, or possession of the United States may

be qualified for admission to the bar of this District, subject

to the limitations hereinafter set forth, on motion of a member

of the Court and upon taking the prescribed oath and signing the

roll, provided such applicant has filed with the Clerk of the

Court a verified application for admission as an attorney of the

Court establishing that the applicant:

(A) is a member in good standing of the bar of any United

States court or admitted to practice in the highest court of a

state, the District of Columbia or a commonwealth, territory or

possession of the United States for at least five (5) years;

(B) has been admitted to practice as an attorney before the

United States Patent Office and is listed on its Register of

attorneys;

law as a principal occupation in an established place of business

and office located in the Territory of the Virgin Islands for at

least two (2) years prior to date of application; and

(D) has sufficient qualifications both as to pre-legal and

legal training to satisfy the Court. No member admitted under

this subdivision shall designate himself or herself other than as

a patent attorney or patent lawyer, and that person’s admission

to practice before the Court shall be limited to cases solely

arising under patent laws of the United States or elsewhere.

Failure to continue to maintain an established place of business

or office within the Territory for the practice of patent law

shall, upon proof thereof to the Court and after notice and an

opportunity to be heard, justify the striking of such attorney’s

name from the roll of patent attorneys established under this

Rule. In any litigation, any patent attorney admitted under this

subdivision shall be associated of record with a member of the

bar of the Court admitted under subsection (b)(1) of this Rule.

Nothing herein contained shall preclude any patent attorney from

being admitted under subsections (b)(1) -(b)(3) of this Rule.

(6) Appearance by Attorneys for the United States. Any

attorney who is a member in good standing of the bar of any

United States court or the highest court of a state, the District

of Columbia or a commonwealth, territory, or possession of the

United States may practice before the Court in any proceeding in

which he or she is representing the United States or any of its

officers or agencies. If such attorney does not have an office in

this district, he or she shall designate the United States

Attorney to receive service of all notices or papers in that

action. Service upon the United States Attorney or authorized

designee shall constitute service upon a government attorney who

does not have an office in this district.

(7) Appearance by Professional Law Corporations. The

provisions of this Rule shall extend to duly created professional

law corporations, authorized to be formed under the law of the

jurisdiction to which the attorney employed by the corporation

shall have been admitted to practice, to the same extent as they

apply to partnerships and other unincorporated law firms. In

every case in which such a professional law corporation

participates, all appearances and papers shall be in the full

name of the corporation, including such designations as

“Chartered,” “Professional Association,” “P.C.,” and the like,

and shall be executed on its behalf by an individual attorney

qualified under this Rule and employed by it as “Authorized

Attorney.” Both the corporate entity and its attorney employee

shall be subject to all provisions of these Rules.

(8) Appearance by Supervised Law Students. With the Court’s

approval, an eligible law student may appear under supervision of

an attorney on behalf of any client, including the United States,

who has consented in writing.

(A) The attorney who supervises a student shall:

(i) be a member of the bar of the Court who maintains a bona

fide office in this district;

(ii) personally assume professional responsibility for the

student’s work;

(iii) assist the student to the extent necessary;

(iv) appear with the student in all proceedings before the

Court; and

(v) file written agreement to supervise the student.

(B) In order to appear, the student shall:

(i) be enrolled in a law school approved by the American Bar

Association;

(ii) have successfully completed legal studies amounting to

at least two-thirds of the credits needed for graduation or the

equivalent;

(iii) be certified by either the dean or a faculty member of

that law school as qualified to provide the legal representation

permitted by these Rules (This certification may be withdrawn by

the person so certifying at any time by mailing a notice to the

Clerk of the Court, or upon termination by the Judge presiding in

the case in which the student appears without notice or hearing

and without a showing of cause. The loss of certification by

action of a judge shall not be considered a reflection on the

character or ability of the student.);

(iv) be introduced to the Court by an attorney admitted to

practice in this District;

(v) neither ask for nor receive from the client represented

any compensation or remuneration of any kind for services

rendered; but this limitation shall not prevent an attorney,

legal aid bureau, law school, public defender agency, a state,

Territory, or the United States from paying compensation to the

eligible law student, nor shall it prevent any agency from making

proper charges for its services;

(vi) certify in writing that he or she is familiar and will

comply with the Disciplinary Rules;

(vii) certify in writing that he or she is familiar with the

federal procedural and evidentiary rules relevant to the action

in which he or she is appearing.

Rules, may:

(i) appear as counsel in court or at other proceedings when

the written consent of the client (or of the United States

Attorney when the client is the United States) and the written

agreement of the supervising attorney have been filed, and when

the Court has approved the student’s request to appear in the

particular case to the extent that the Judge presiding at the

hearing or trial permits;

(ii) prepare and sign motions, petitions, answers, briefs,

and other documents in connection with any matter in which the

student has met the conditions of (2) above; each such document

shall also be signed by the supervising attorney.

(D) Forms for designating compliance with this Rule are

available in the Clerk of the Court’s office. Completed forms

shall be filed with the Clerk of the Court.

(E) Participation by students under this Rule shall not be

deemed a violation in connection with the rules of admission to

the bar of any jurisdiction concerning practice of law prior to

admission to that bar.

(9) Appearance by Attorneys in Criminal Cases. The Court

may suspend this Rule with respect to the appearance of attorneys

in criminal cases.

(10) Appearance by Attorneys for the Government of the

Virgin Islands. A member in good standing of the bar of any

United States court or the highest court of a state, the District

of Columbia or a commonwealth, territory, or possession of the

United States may in the discretion of the Court and on motion by

the Attorney General of the Virgin Islands or authorized

designee, be permitted to appear and participate in any

proceeding in which he or she is representing the Government of

the Virgin Islands or any of its officers or agencies.

(1) Original Applications. Each applicant for admission or

attorney seeking leave to appear and participate in any

proceeding shall file an application on a form prescribed by the

Court. The application shall be made available by the Clerk upon

request. An application by an applicant for admission to the bar

shall also be accompanied by a motion filed by the applicant’s

sponsor, who shall be a member of the bar of the Court. The

sponsor shall set forth sufficient grounds in the motion for

admission to satisfy the Court that the sponsor has reason to

know the applicant is qualified for admission. Each applicant

for admission shall also pay an admission fee. The current

admission fee schedule approved by the Court, is posted at

http://www.vid.uscourts.gov.

(2) Renewal Applications. Each member of the bar of the

Court shall submit an application to renew his or her membership

no later than February 4 of each calendar year, unless otherwise

directed by the Court. The application shall be on a form

prescribed by the Court. Notice shall be sent by the Clerk to

each member of the bar of the Court at least thirty (30) days

prior to the date on which the application is due. An

application for renewal shall also include the payment of the

renewal fee set by the Court in its admission fee schedule. A

timely renewal application shall be granted if the applicant

meets all of the qualifications for admission to the bar of the

Court and if he or she pays the renewal fee. Failure to submit a

timely renewal application or to pay the renewal fee will cause

the attorney’s membership in the bar of the Court to be changed

to inactive status.

(3) Admission Fund. The Clerk of the Court shall collect

the admission fees outlined herein and maintain them in the

manner set forth by the Court in the Plan for Administration and

Operation of the Attorney’s Admission Fee Account. Such funds

are to be used for projects which the Court determines are for

the benefit of the bench and bar in the administration of justice

within the District.

Editor’s Note: Members of the bar submitted comments suggesting

that any provision regarding the admission to the bar of this

Court by non-Virgin Islands Bar Members be configured in a manner

closer to that outlined in V.I. S.CT.R. 202. The final version

of Rule 83.1(b)(3) herein reflects those comments. It also

reflects the considerable counsel of the Lawyer’s Advisory

Committee.

- Amended April 29, 2011.

Rule 83.2 Attorneys: Disciplinary Rules and Enforcement

(a) STANDARDS FOR PROFESSIONAL CONDUCT - BASIS FOR DISCIPLINARY ACTION.

(1) In order to maintain the effective administration of

justice and the integrity of the Court, each attorney admitted

or permitted to practice before this Court shall comply with the

standards of professional conduct required by the Model Rules of

Professional Conduct (the “Model Rules”), adopted by the

American Bar Association, as amended. Attorneys who are admitted

or permitted to practice before this Court are expected to be

thoroughly familiar with the Model Rules’ standards.

(2) Any attorney admitted or permitted to practice before

this Court, after notice and an opportunity to be heard, may be

disbarred, suspended from practice, reprimanded, or subjected to

such other disciplinary action as the circumstances may warrant

for misconduct.

(3) Acts or omissions by an attorney admitted or permitted

to practice before this Court, individually or in concert with

any other person or persons, which violate the Model Rules,

shall constitute misconduct and shall be grounds for discipline,

whether or not the act or omission occurred in the course of an

attorney-client relationship or in the course of judicial

proceedings.

(b) DISCIPLINARY PROCEEDINGS.

When misconduct or allegations of misconduct which, if

substantiated, would warrant discipline on the part of an

attorney admitted or permitted to practice before this Court,

shall come to the attention of a judicial officer of this Court,

whether by complaint or otherwise, and the applicable procedure

is not otherwise mandated by these Rules, the judicial officer

shall inform the Chief Judge. Thereafter, the Chief Judge or

the Chief Judge’s designee shall refer the matter to a

magistrate judge or a committee designated by the Chief Judge

(Disciplinary Committee) for investigation and a report and

recommendation. The magistrate judge or the Disciplinary

Committee shall afford the attorney the opportunity to be heard.

The attorney may submit objections to the report and

recommendation. Any objections are to be filed with the Court

within fourteen (14) days upon filing of the report and

recommendation. The matter will then be submitted to the Court

for final determination.

(1) An order imposing discipline under this rule may

consist of any of the following:

(A) disbarment;

(B) suspension;

(D) monetary penalties, including an order to pay the costs

of proceedings; or

(E) if the attorney was admitted pro hac vice or has been

otherwise permitted to appear, preclusion from, or the

placement of conditions on, any further appearances before

this Court.

(2) Any suspension or reprimand imposed may be subject to

additional specified conditions, which may include continuing

legal education requirements, counseling, supervision of

practice, or any other condition which the Court deems

appropriate.

(d) POWERS OF INDIVIDUAL JUDGES TO DEAL WITH CONTEMPT OR OTHER MISCONDUCT

NOT AFFECTED.

(1) The remedies for misconduct provided by this rule are

in addition to the remedies available to individual judges under

applicable law with respect to lawyers appearing before

them. Misconduct of any attorney in the presence of a judge or

in any manner with respect to any matter pending before the

Court may be dealt with directly by the judge in charge of the

matter or, at the judge’s option, referred to the Chief Judge,

or both.

(2) Nothing in this rule shall limit the Court’s power to

punish contempt or to sanction counsel in accordance with the

federal rules of procedure or the Court’s inherent authority to

enforce its rules and orders.

(e) NOTICE OF DISCIPLINARY ACTION TO OTHER COURTS.

The clerk shall give prompt notice of any order imposing

discipline under this rule to the Court of Appeals for the Third

Circuit, the Supreme Court of the Virgin Islands, and the

American Bar Association.

(f) CONFIDENTIALITY.

Unless otherwise ordered by the Court, complaints,

grievances, and any files based on them, shall be treated as

confidential.

(g) DISBARMENT OR SUSPENSION ON CONSENT WHILE UNDER DISCIPLINARY

INVESTIGATION OR PROSECUTION.

(1) Affidavit of Consent. Any attorney admitted or

permitted to practice before this Court who is the subject of an

investigation into, or a pending proceeding involving,

allegations of misconduct may consent to disbarment or

suspension, but only by delivering to this Court an affidavit

stating that the attorney desires to consent to disbarment or

suspension and that:

(A) the attorney’s consent is freely and voluntarily given;

the attorney is not being subjected to coercion or duress;

the attorney is fully aware of the implications of

consenting;

(B) the attorney is aware that there is a pending

investigation or proceeding involving allegations that

grounds exist for the attorney's discipline the nature of

which the attorney shall specifically set forth;

alleged are true; and,

(D) the attorney so consents because the attorney knows that

if charges were predicated upon the matters under

investigation, or if the proceedings were prosecuted, the

attorney could not successfully defend against the charges.

(2) Order of Disbarment or Suspension on Consent. Upon

receipt of the required affidavit, the Court may enter an order

disbarring or suspending the attorney.

(3) Disclosure. The order disbarring or suspending the

attorney on consent shall be a matter of public record. The

affidavit required under the provisions of this rule shall

not be publicly disclosed, however, or made available for use in

any other proceeding except upon order of this Court.

(h) DISBARMENT OR RESIGNATION IN OTHER COURTS.

(1) Any attorney admitted to practice before this Court who

is disbarred, disbarred on consent, or resigns from the bar of

any Court while an investigation into allegations of misconduct

is pending, shall be stricken from the roll of attorneys

admitted to practice before this Court, upon the filing of a

certified copy of the judgment or order of disbarment or

accepting such disbarment on consent or resignation.

(2) Any attorney admitted to practice before this Court,

upon being disbarred, disbarred on consent, or resigning from

the bar of any Court while an investigation into allegations of

misconduct is pending, shall promptly inform the clerk of the

disbarment, disbarment on consent, or resignation.

(i) ATTORNEYS CONVICTED.

(1) Felony Convictions.

(A) Conviction in this District. Upon the entry of judgment

of a felony conviction against an attorney admitted or

permitted to practice before this Court, the clerk shall

immediately notify the Chief Judge of the conviction. The

Chief Judge or the Chief Judge’s designee may then

immediately issue an order suspending the attorney,

regardless of the pendency of any appeal, until final

disposition of a disciplinary proceeding as set forth in

this rule. A copy of such order shall be served upon the

attorney.

(B) Convictions in Other Courts. Upon the filing with this

Court of a certified copy of a judgment of conviction

demonstrating that any attorney admitted or permitted to

practice before this Court has been convicted of a felony

in any Court of the United States or of a state, the

District of Columbia, the Commonwealth of Puerto Rico, the

Territory of Guam, the Commonwealth of the Northern Mariana

Islands, or the Virgin Islands of the United States, the

Chief Judge or the Chief Judge’s designee shall enter an

order immediately suspending that attorney, regardless of

the pendency of any appeal, until final disposition of a

disciplinary proceeding to be commenced upon such

conviction. A copy of such order shall be served upon the

attorney.

judgment of conviction of an attorney for any crime, the

Chief Judge may appoint a Disciplinary Committee for

whatever action deemed warranted.

(2) Certified Judgment as Conclusive Evidence. A certified

copy of a judgment of conviction of an attorney for any crime

shall be conclusive evidence of the commission of that crime in

any disciplinary proceeding instituted against that attorney

based upon the conviction.

(3) Reinstatement Upon Reversal of Conviction. An attorney

suspended under the provisions of this rule will be reinstated

immediately upon the filing of a certificate demonstrating that

the underlying conviction has been reversed, but the

reinstatement will not terminate any disciplinary proceeding

then pending against the attorney.

(j) DISCIPLINE IMPOSED BY OTHER COURTS.

(1) When it is shown to this Court that any member of its

Bar has been suspended or disbarred from practice in any other

court of record, or has been guilty of conduct unbecoming a

member of the bar of this Court, the member will be subject to

suspension or disbarment by this Court. The member shall be

afforded an opportunity to show good cause, within such time as

the Court shall prescribe, why the member should not be

suspended or disbarred. Upon the member’s response to the order

to show cause, and after hearing, if requested or ordered by the

Court, or upon expiration of the time prescribed for a response,

if no response is made, the Court shall enter an appropriate

order.

(2) Upon the filing of a certified copy of a judgment or

order establishing that an attorney admitted or permitted to

practice before this Court has been disciplined by any court of

competent jurisdiction, this Court shall issue forthwith a

notice directed to the attorney containing:

(A) a copy of the judgment or order from the issuing court;

and

(B) an order directing the attorney to show cause within

thirty (30)days after service why disciplinary action

should not be taken against the attorney.

(3) The Chief Judge may designate another judge or a

Disciplinary Committee to investigate and submit a report and

recommendation.

(k) REINSTATEMENT.

(1) After Disbarment or Suspension. An attorney suspended

or disbarred may not resume practice until reinstated by order

of this Court.

(2) Hearing on Application. Petitions for reinstatement by

an attorney who has been disbarred or suspended under this rule

shall be filed with the Chief Judge of the Court who shall

schedule the matter for consideration by the active district

judges of this Court within thirty (30) days from receipt of the

petition. In considering the petition for reinstatement, the

active district judges shall enter the order they deem

appropriate. In considering the petition for reinstatement, the

Court may schedule a hearing.

(3) The petitioner shall have the burden of demonstrating

by clear and convincing evidence that the petitioner has the

moral qualifications, competency and learning in the law

required for admission to practice before this Court and that

resumption of the practice of law will not be detrimental to the

integrity of the bar, the administration of justice, or

undermine the public interest.

(4) 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 to resume the practice

of law, the judgment shall reinstate the petitioner, provided

that the judgment may make reinstatement conditional upon the

payment of all or part of the costs of the proceedings and upon

the making of partial or complete restitution to parties harmed

by the petitioner whose conduct led to the suspension or

disbarment. This list is not intended to be exhaustive.

(l) DUTIES OF THE CLERK.

(1) Upon being informed that an attorney admitted or

permitted to practice before this Court has been convicted of

any crime, the clerk 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 forwarded, the clerk shall promptly obtain a

certificate and file it with this Court.

(2) Upon being informed that an attorney admitted or

permitted to practice before this Court has been subjected to

discipline by another court, the clerk shall 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.

(3) Whenever it appears that any person convicted of any

crime or disbarred or suspended or censured or disbarred on

consent or precluded from appearance and practice by this Court

is admitted to practice law in any other jurisdiction(s) or

before any other court, the clerk shall promptly transmit to the

other court(s) a certificate of the conviction or a certified

exemplified copy of the judgment or order of disbarment,

suspension, censure, disbarment on consent, or order of

preclusion, as well as the last known office and residence

addresses of the defendant or attorney.

(4) The clerk 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.

- Amended November 4, 2011