Local Rule LCvR 16.4: PRO SE SETTLEMENT ASSISTANCE PROGRAM
W.D.N.C. — Civil rule
LCvR 16.4 PRO SE SETTLEMENT ASSISTANCE PROGRAM
(a) Purpose of the Program. The purpose of the Pro Se Settlement Assistance Program ("Program") is to assist the just, speedy, and inexpensive determination of civil actions and proceedings by providing civil pro se litigants with limited advice and representation at expedited settlement conferences.
(b) Scope of the Program. The Program is available for voluntary application to all civil cases in which any party appears pro se, except:
(1) Cases in which the pro se party is a prisoner or pretrial detainee;
(2) Cases filed under 28 U.S.C. § 2254 or § 2255;
(3) Bankruptcy appeals;
(4) Social Security cases;
(5) Appeals from rulings of administrative agencies; and
(6) Cases involving forfeitures of seized property.
Application to the Program is not intended to, does not, and may not be relied on to create any rights, substantive or procedural, enforceable at law by any party in any civil matter. Furthermore, application to the Program does not guarantee participation in the Program.
(c) Opt-In Notice Following Joinder of Issues. Upon the joinder of issues within the meaning of LCvR 16.1, the Clerk's Office will send the pro se litigant a Notice of Availability of Pro Se Settlement Assistance Program ("Opt-In Notice") to inform the pro se litigant that the matter is eligible for the Program.
(1) The pro se litigant shall have fourteen (14) days from receipt of the Opt-In Notice to opt into the Program ("Opt-In Period") by marking the Opt-In Notice where indicated and returning it to the Clerk's Office. The deadline for conducting an Initial Attorney's Conference ("IAC") is tolled during the Opt-In Period. Requests for extension of the Opt-in Period are discouraged but may be considered on a case-by-case basis.
(2) If the pro se litigant either expressly opts out of the Program or does not respond to the Opt-In Notice within the Opt-In Period, the case will not be admitted into the Program and a regular IAC notice will be issued, advising the parties that an IAC must be conducted.
(3) If at any time the Court finds in its sole discretion that participation in the Program for a particular case will not serve the Program's purpose or that the Program is not appropriate under the circumstances of a particular case, the Court will notify the parties and a regular IAC notice will be issued, advising the parties that an IAC must be conducted.
(4) For all cases admitted into the Program, the parties and Court should follow the procedures set forth in the documents governing the Pro Se Settlement Assistance Program, found on the Court's website.
Advisory Committee Notes This new Rule incorporates the substantive provisions of the pilot Pro Se Settlement Assistance Program sponsored in part by the Western District Federal Bar Association.