Local Rule Rule 5: ORIGINAL FILINGS AND REMOVALS

Rule 5. ORIGINAL FILINGS AND REMOVALS

(a) Original Filings. In all civil actions, the plaintiff must file with the clerk of court the original complaint

(1) Civil Cover Sheet. A civil cover sheet (Form JS 44) must be filed with each original complaint or petition filed. A link to all national forms can be found on the courts' Websites.

(2) Filing Fees. Filing fees must be paid to the clerk of court upon filing of each original complaint or petition in accordance with the fee schedule maintained by the clerk of court.

(b) Removals: Required Filing of the Entire State Court Record and Unresolved Motions; Removals to Bankruptcy Court. In addition to the requirements for removal set forth in 28 U.S.C. § 1446, a defendant or defendants desiring to remove any civil action or criminal prosecution from a state court must file a copy of the entire state court record no later than 14 days from the date of removal. Further, within 14 days after the Case Management Conference, the parties must file as separate docket items any unresolved motions that were filed in state court and that they wish to advance.

When removing a state court action to Bankruptcy Court, the Notice of Removal, citing bankruptcy as a jurisdictional basis, must be filed with the United States District Court Clerk's Office in the appropriate district and division. A motion to transfer the case from District Court to Bankruptcy Court must also be promptly filed. When docketing the motion to transfer, counsel will be directed to docket the motion under an event entry on CM/ECF that will generate an immediate notice to the Bankruptcy Court that such a motion has been filed in the District Court. If the movant desires that the motion to transfer be heard immediately, the movant must style the motion "URGENT AND NECESSITOUS" and immediately contact the District Judge's chambers in accordance with L.U.Civ.R. 7(b)(8).

(c) Electronic Filings; Signatures and Verification; Administrative Procedures. Rules 5(d)(3) and 83 of the FEDERAL RULES OF CIVIL PROCEDURE and Rule 57 of the FEDERAL RULES OF CRIMINAL PROCEDURE authorize courts to establish practices and procedures for electronically filing, signing and verifying documents. Accordingly, the district courts for the Northern District and the Southern District of Mississippi have implemented Administrative Procedures for Electronic Case Filing prescribing the procedures and standards governing electronically filing, signing and verifying documents.

(d) Non-Filing of Pre-Discovery Disclosures and Discovery Materials

(1) Pre-Discovery Disclosures. Pre-discovery disclosures of core information under L.U.CIV.R. 26(a) should not be filed with the clerk of court until the disclosures are used in a proceeding or the court orders that they be filed. The party serving disclosures must file a notice of service of pre-discovery disclosure of core information [Official Form No. 2(c)].

(2) Depositions. As depositions in civil actions are not filed, the court reporter will forward the original of a deposition to the party responsible for its taking; the party must retain the original and is its custodian. Immediately upon receipt of the original deposition, the party serving as custodian must file a copy of the cover sheet of the deposition and a notice that all parties of record have been notified of its receipt by the custodian [Official Form No. 2(a)].

(3) Discovery. Interrogatories under FED. R. CIV. P. 33, Requests for Production or Inspection under FED. R. CIV. P. 34, and Requests for Admission under FED. R. CIV. P. 36, must be served upon other counsel or parties, but not filed with the court. The party who served the discovery request or the response must retain the original and become the custodian and file a notice of service with the court [Official Form No. 2(b)].

(4) Filing for use in Relation to Motions. If disclosures under FED. R. CIV.P. 26(a)(1) or (2), interrogatories, requests, answers, responses or depositions are necessary to a pretrial motion that might result in an order on any issue, unless already of record and referenced by citation to the docket entry(ies), the moving party must file the portions to be used as an exhibit to the motion.

(5) Filing for use on Appeal. When documentation of discovery or disclosures not in the record is needed for appeal purposes, a party may apply for a court order directing or the parties may stipulate to the filing of the necessary discovery or disclosure papers.