Local Rule Rule 112: Special Proceedings
D. Md. — Civil rule
RULE 112. SPECIAL PROCEEDINGS
1. Habeas Corpus Petitions
a) Applicability of General Rules
Petitions for habeas corpus filed pursuant to 28 U.S.C. § 2254 and motions filed pursuant to 28 U.S.C. § 2255 shall be governed, respectively, by the Rules Governing § 2254 Cases in the United States District Courts and the Rules Governing § 2255 Proceedings in the United States District Courts.
b) Return of Insufficient Petitions
The Clerk of the Court may, upon court order, return petitions that do not comply with Rules 2 and 3 of the above Rules but shall retain a copy of them as required by said Rules.
c) Form
Petitions shall be filed on forms as they are approved from time to time by order of the Court.
d) Filing Fee for § 2254 Actions
A filing fee of $5.00 shall be required for 28 U.S.C. § 2254 actions unless the Court authorizes the petitioner to proceed in forma pauperis. The Court generally will not authorize a petitioner who has $25.00 or more available after payment of the fee to proceed in forma pauperis.
e) No Responses to § 2255 Motions Required Without Court Order
The Government need not respond to a motion filed under 28 U.S.C. § 2255 unless requested by the Court.
f) Filing
All communications shall be directed to and filed with the Clerk. At the time of filing a petition or motion under 28 U.S.C. § 2241, 28 U.S.C. § 2254, or 28 U.S.C. § 2255, self-represented prisoners must provide the Clerk's Office with one service copy of the petition or motion.
g) Service
All court documents—other than the original petition or motion—filed by self-represented prisoners under 28 U.S.C. § 2241, 28 U.S.C. § 2254, or 28 U.S.C. § 2255 are deemed "filed electronically" for L.R. 102.1.c purposes at the time the documents are electronically docketed by the Clerk's Office. For any response to a document filed electronically under this paragraph, any deadline for filing a response will be calculated from the date the document is electronically docketed by the Clerk's Office.
2. Prisoner Civil Rights Actions
a) Forms
All self-represented civil rights actions brought by inmates of penal institutions shall be filed on forms approved from time to time by order of the Court. Petitions to proceed in forma pauperis shall likewise be filed on forms approved from time to time by the Court. The Court may authorize penal institutions to produce, stock, or distribute such approved forms.
b) Filing and Service
All communications shall be directed to and filed with the Clerk. At the time of filing the complaint, self-represented prisoners must provide the Clerk's Office with a service copy of the complaint as to each defendant.
c) Service
i) As to all defendants represented by counsel, all court documents—other than the original complaint—filed by self-represented prisoners in civil rights actions are deemed "filed electronically" for L.R. 102.1.c purposes at the time the documents are electronically docketed by the Clerk's Office. For any response to a document filed electronically under this paragraph, any deadline for filing a response will be calculated from the date the document is electronically docketed by the Clerk's Office.
ii) As to all defendants not represented by counsel, self-represented prisoners are responsible for serving a copy of all documents filed with the Court upon a defendant in accordance with Fed. R. Civ. P. 5. Self-represented prisoners are solely responsible both for determining which defendants are represented and for ensuring unrepresented defendants are served with a copy of any document filed with the Court.
3. Multi-District Litigation
a) Numbering and Docketing
A group of actions transferred to this District under 28 U.S.C. § 1407 shall be given the composite number previously assigned by the Multi-District Panel. Individual actions within the group shall be given specific civil action numbers.
b) Counsel Need Not be a Member of the Bar of This Court
Counsel representing a party in a transferred action need not be a member of the Bar of this Court but shall follow L.R. 101.b.iv for moving for admission pro hac vice. Parties in multi-district litigation cases need not have counsel who have been admitted to the Bar of this Court.
c) Notification of Address
Upon receipt of an order of transfer, all counsel in the transferred action shall notify the Clerk of their names, addresses, telephone numbers, and email addresses.
4. Condemnation Cases – Request for Immediate Possession
A plaintiff in a condemnation case seeking immediate possession of land shall submit a statement reciting (a) whether or not the land is improved and, if so, a specific description of the improvements; (b) whether or not the land is occupied and, if so, the name and address of the occupant; and (c) whether the owner and the occupant consent to plaintiff's taking immediate possession.
5. Review of Jeopardy Assessments
All actions arising under 26 U.S.C. § 7429 shall bear the designation "Review of Jeopardy Assessment" on the complaint next to the style of the case. A proposed show cause order shall be submitted with the complaint, and the Clerk shall immediately bring the action to the attention of the Court. Failure to comply with this Rule may result in dismissal of the action.