Local Rule Rule 1.3: Cameras and Personal Electronic Devices

Rule 1.3. Cameras and Personal Electronic Devices

(a) Personal Electronic Devices. Personal Electronic Devices are defined as follows:

(1) Cellular telephones, smart phones, any type of computer (including, but not limited to a laptop, handheld, notebook, or tablet), any analog or digital recorder, MP3 player, personal digital assistants, and any other device that is capable of receiving, transmitting, or recording messages, images, sounds, data, or other information by electronic means; and

(2) Cameras, regardless of whether they operate electronically, mechanically, or otherwise and regardless of whether images are recorded by using digital technology, film, light-sensitive plates, or any other means.

(b) General Prohibition.

(1) Except as provided in this Rule, no person may possess or use a Personal Electronic Device in the Almeric L. Christian Federal Building and Courthouse or the Ron de Lugo Federal Building and Courthouse (collectively, "DVI Courthouses"). Personal Electronic Devices must be checked at the security screening station in order for a person possessing such a Device to gain access to the Courthouse.

(2) Unless otherwise permitted by these Rules, by the Court, or by the U.S. General Services Administration (with respect to tenants of the DVI Courthouses), under no circumstances shall any Personal Electronic Device be used to photograph, broadcast, or record (audio or video) anything from the DVI Courthouses, including visual images, or any judicial proceedings, grand jury proceedings, or any other court-related judicial proceeding, whether these judicial proceedings are held virtually, in open court, closed court, in the Chambers of a judge of this Court, or in any other space within the DVI Courthouses. Nor shall any Personal Electronic Device be used to take photographs of any kind in the DVI Courthouses. Nor shall an MP3 player or any equivalent device be used.

(c) Exceptions and Conditions.

(1) Anyone permitted to bring Personal Electronic Devices into the DVI Courthouses must ensure that such Devices are turned to silent mode prior to entry into the Courthouse and remain in silent mode until after exiting the Courthouses. Any device brought into a courtroom or Chambers shall be set so that no audible sounds (including computer prompts) are emitted.

(2) Anyone who brings Personal Electronic Devices into the DVI Courthouses pursuant to this Rule remains personally responsible for the use, or any misuse, of the Devices.

(3) All Personal Electronic Devices that may be possessed or used in the DVI Courthouses are subject to proper screening and security clearance upon entering the DVI Courthouses, as determined by the U.S. Marshal's Service and/or the Court Security Officers. Upon inquiry or request from the U.S. Marshal's Service or a Court Security Officer, attorneys attempting to bring Personal Electronic Devices into the DVI Courthouses are required to present photo identification and/or are subject to having their access verified by Chambers.

(4) Any individuals or entities not otherwise granted permission by this Rule to possess or use Personal Electronic Devices in the DVI Courthouse, and who desire to do so in connection with matters involving the District Court or the Third Circuit Library, must submit a written request to the Clerk's Office at least two business days prior to the requested date. The request must include the name of the individual seeking to bring the Personal Electronic Device(s) into the DVI Courthouse; the particular Device(s) that the person seeks to bring; the purpose for bringing in the Device(s); and the date(s) for which permission is sought.

(5) Attorneys and Pro Se Litigants

(i) Attorneys admitted to practice before the District Court may bring Personal Electronic Devices into the DVI Courthouses. Attorneys may not share their Personal Electronic Devices with any other person, except a member of the attorney's staff assisting with the matter, without Court approval.

(ii) Attorneys wishing to use their Personal Electronic Devices in the courtroom or in a judge's Chambers must receive the permission of the judge presiding over the proceedings. If permission is granted, the judge retains the discretion to withdraw such permission for any or all attorneys at any time during the proceedings and for any reason.

(iii) Cellular telephone calls may be made or received only in attorney conference rooms or other public areas. For the avoidance of doubt, cellular telephones may not be used to make or receive telephone calls in the courtroom, Chambers, or the Third Circuit Library without Court approval.

(iv) Personal Electronic Devices may be used to send and receive text messages, e-mails, or to otherwise communicate electronically within the DVI Courthouses, including the Courtrooms or Chambers, unless the judge presiding over the proceeding directs otherwise.

(v) Pro se litigants must file a motion seeking permission to bring any Personal Electronic Devices into the DVI Courthouses, courtrooms, or Chambers. The motion must include the name of the individual seeking to bring the Personal Electronic Device(s) into the DVI Courthouse; the particular Device(s) which the person seeks to bring; and the purpose for bringing in the Device(s). The rules applicable to Attorneys shall apply to any pro se litigant granted permission to bring a Personal Electronic Device into the DVI Courthouses unless the Order granting permission imposes more restrictive conditions.

(6) Use of Personal Electronic Devices in the Third Circuit Library. Attorneys admitted to practice before the District Court may use Personal Electronic Devices in the Third Circuit Library for the purpose of electronically scanning documents.

(7) Sanctions.

(i) Any violation of this Rule may result in sanctions, including but not limited to a monetary fine, a finding of contempt of court, and the forfeiture of the privileges granted by this Rule.

(ii) The Chief Judge may modify or suspend the privileges granted by this Rule at any time for any reason.