(a) ENTRY OF APPEARANCE.
An attorney eligible to appear may enter an appearance in a civil action by signing any pleading described in Rule 7(a), Federal Rules of Civil Procedure, or by filing a written notice of the entry of an appearance listing the attorney's correct address, telephone number and bar identification number.
(b) WITHDRAWAL OF APPEARANCE BY NOTICE.
If no trial date has been set, an attorney may withdraw an appearance in a civil action by filing a notice of withdrawal signed by the attorney and the party represented, if another attorney has previously entered an appearance on behalf of the party.
(c) WITHDRAWAL OF APPEARANCE BY MOTION
If a trial date has been set, or if the party's written consent is not obtained, or if the party is not represented by another attorney, an attorney may withdraw an appearance for a party only by order of the Court upon motion by the attorney served upon all parties to the case. Unless the party is represented by another attorney or the motion is made in open court in the party's presence, a motion to withdraw an appearance shall be accompanied by a certificate of service listing the party's last known address and stating that the attorney has served upon the party a copy of the motion and a notice advising the party to obtain other counsel, or, if the party intends to conduct the case in proper person or to object to the withdrawal, to so notify the Clerk in writing within five days of service of the motion.
(d) RULING ON MOTION TO WITHDRAW APPEARANCE. The Court may deny an attorney's motion for leave to withdraw if the withdrawal would unduly delay trial of the case, or be unfairly prejudicial to any party, or otherwise not be in the interests of justice. The Clerk shall mail to the affected party a copy of the order granting or denying the motion for leave to withdraw.
COMMENT TO RULE 201: The provisions of former Rule 1-4(b) and (c), which are applicable only to civil cases, have been incorporated in this Rule with one substantive change. Under the former rule, an attorney entered an appearance by signing any "paper" filed in the case on behalf of a party. In large and lengthy cases, numerous names of attorneys appear on papers and then disappear as the case progresses. The Committee feels that an "appearance" under the Rules should require more than listing an attorney's name on a memorandum of points and authorities, for example, and consequently the proposed new rule limits an "appearance" to (1) signing a pleading as described in Rule 7(a), Federal Rules of Civil Procedure, (complaints, answers, and replies to counterclaims) or (2) by a separate notice of appearance.
The proposed rule also adds the requirement as in Rule 106, that an attorney's appearance notice contain the attorney's bar identification number.
In every case in which by statute a Three-Judge Court is required, there shall be filed with the complaint a separate document entitled "Application for Three-Judge Court," together with a memorandum of points and authorities in support of the application. Upon the convening of a Three-Judge Court, each party shall submit to the Clerk two additional copies of all pleadings and papers previously filed by the party, and all subsequent filings shall be in quadruplicate.
COMMENT TO RULE 202: Same as former Rule 1-11.
(a) CLASS ACTION ALLEGATIONS. In any case sought to be maintained as a class action, the complaint shall contain under a separate heading styled "Class Action Allegations":
(i) the size (or approximate size) and definition of the alleged class;
(ii) the basis upon which the plaintiff claims to be an adequate representative of the class, or if the class is comprised of defendants, that those named as parties are adequate representatives of the class;
(iii) the alleged questions of law and fact claimed to be common to the class; and
(iv) in actions claimed to be maintainable as class actions under Rule 23(b)(3) of the Federal Rules of Civil Procedure, allegations supporting the findings required by that subdivision.
(b) MOTION FOR CERTIFICATION.
Within 90 days after the filing of a complaint in a case sought to be maintained as a class action, unless the Court in the exercise of its discretion has extended this period, the plaintiff shall move for a certification under Rule 23(c)(l), Federal Rules of Civil Procedure, that the case may be so maintained. In ruling upon the motion, the Court may allow the action to be so maintained, may deny the motion, or may order that a ruling be postponed pending discovery or other appropriate preliminary proceedings. A defendant may move at any time to strike the class action allegations or to dismiss the complaint.
(c) PROVISIONS AS TO NOTICE.
In an action maintained under Rule 23(b)(3) of the Federal Rules of Civil Procedure, the plaintiff shall include in the motion for certification a statement proposing (1) how, when, by whom, and to whom the notice required by Rule 23(c)(2) shall be given, (2) how and by whom payment therefor is to be made, and (3) by whom the response to the notice is to be received. In lieu of such a statement the movant may state reasons why a determination of these matters cannot then be made, and offer a proposal as to when the determination should be made. In certifying a class action as maintainable under Rule 23(b)(3), the Court may include in its order the provisions for notice pursuant to Rule 23(c)(2) or may postpone a determination of the matter.
(d) APPLICABILITY TO COUNTERCLAIMS AND CROSSCLAIMS.
The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross- claim alleged to be brought for or against a class.
COMMENT TO RULE 203: Minor stylistic changes have been made in former Rule 1-13.
COMMENT TO RULE 203(b) AS AMENDED 10/10/90: This amendment makes clear that the Court may enlarge the 90-day period within which the motion for certification is to be filed.
Petitions for a writ of habeas corpus and complaints pursuant to 42 U.S.C. § 1983 filed by a petitioner incarcerated in the District of Columbia or in Lorton Reformatory, and motions filed pursuant to 28 U.S.C. § 2255 (attacking a sentence imposed by the Court), must be filed on standard forms to be supplied upon request to the petitioner or plaintiff by the Clerk without cost. Counsel filing a petition for a writ of habeas corpus, a complaint under 42 U.S.C. § 1983, or a motion under 28 U.S.C. § 2255 need not use a standard form, but any such petition, complaint or motion shall contain essentially the same information set forth on the standard form.
COMMENT TO RULE 204: This Rule is the same as former Rule 1-30, except that the rule has been made applicable to complaints under § 1983 on the recommendation of the Clerk and the Administrative Office of U.S. Courts, and former paragraph (d) has been moved to the Assignment Rules. The fee for filing a new civil action was increased on November 4, 1986 to $120; therefore, the criterion for disallowing in forma pauperis status if the prison account was $100 is no longer valid.
(a) APPLICATIONS FOR TEMPORARY RESTRAINING ORDERS.
An application for a temporary restraining order shall be made in a motion separate from the complaint. The application shall be accompanied by a certificate of counsel, or other proof satisfactory to the Court, stating (1) that actual notice of the time of making the application, and copies of all pleadings and papers filed in the action to date or to be presented to the Court at the hearing, have been furnished to the adverse party; or (2) the efforts made by the applicant to give such notice and furnish such copies. Except in an emergency, the Court will not consider an ex parte application for a temporary restraining order.
(b) EMERGENCY APPLICATIONS OUTSIDE BUSINESS HOURS.
If an application for a temporary restraining order is to be made to a judge outside regular business hours, the party seeking relief shall, if possible, notify the Clerk of such a forthcoming application during business hours so that proper arrangements can be made to handle the matter. If notice is not given to the Clerk as provided herein, the party shall file with its application an affidavit stating why such notice was not given. The Court may decline to hear an application on an emergency basis if the affidavit fails to state sufficient reason for failure to give notice as provided herein.
(c) APPLICATIONS FOR PRELIMINARY INJUNCTIONS.
An application for a preliminary injunction shall be made in a document separate from the complaint. The application shall be supported by all affidavits on which the plaintiff intends to rely. The opposition shall be served and filed within five days after service of the application for preliminary injunction, and shall be accompanied by all affidavits on which the defendant intends to rely. Supplemental affidavits either to the application or the opposition may be filed only with permission of the Court.
(d) HEARINGS ON APPLICATIONS FOR PRELIMINARY INJUNCTIONS.
On request of the moving party together with a statement of the facts which make expedition essential, a hearing on an application for preliminary injunction shall be set by the Court no later than 20 days after its filing, unless the Court earlier decides the motion on the papers or makes a finding that a later hearing date will not prejudice the parties. The practice in this jurisdiction is to decide preliminary injunction motions without live testimony where possible. Accordingly, any party who wishes to offer live testimony or cross-examine an affiant at the hearing shall so request in writing 72 hours before the hearing and shall provide the Court and all other parties a list of the witnesses to be examined and an estimate of the time required. The Court may decline to hear witnesses at the hearing where the need for live testimony is outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. If practicable, the Court shall notify all parties of its ruling on the request to adduce live testimony one business day before the hearing.
COMMENT TO RULE 205: Paragraph (a), applicable to temporary restraining orders, is taken from former Rule 1-12, with stylistic changes. Paragraph (b) is new, and is designed to prevent 'judge-shopping" by making application to the Emergency Judge rather than to a judge chosen at random through the Clerk's normal procedures. Paragraphs (c) and (d), applicable to applications for preliminary injunctions, are new. The Committee believes that a rule is needed to regulate the use of affidavits and live testimony on such applications and to entitle the applicant to a prompt hearing where necessary. The grounds for exclusion of live testimony are taken from Rule 403, Federal Rules of Evidence.
(a) TIME FOR MEETING OF PARTIES.
Counsel (including any nonprisoner pro se party) shall meet and confer in person or, if all parties consent, by telephone, in accordance with this Rule and Rule 26(f), Federal Rules of Civil Procedure, within 15 days after the defendant's appearance or first filing in the form of an answer or motion. In a case involving multiple defendants, the 15-day period shall run from the date of appearance or first filing in the form of an answer or motion, pursuant to Rule 12, Federal Rules of Civil Procedure, by the defendant who is given the longest time to answer under the Federal Rules of Civil Procedure. Any party may move to extend the deadline to a time fixed by the Court on the ground that another defendant has not been served or has not yet appeared in the case, or for other sufficient reason
(b) CASES EXEMPTED FROM REQUIREMENT OF MEETING.
The requirement of this Rule, of Rule 206.1 of these Rules, and of Rules 16(b) and 26(f), Federal Rules of Civil Procedure, shall not apply in a case filed by or against a prisoner appearing pro se, or in any case filed by a nonprisoner pro se plaintiff in which a dispositive motion is filed before the deadline for the meeting expires. Discovery in exempted cases may commence at the time the meeting would be required to be held pursuant to this Rule if the case were not exempted.
(c) MATTERS TO BE DISCUSSED BY THE PARTIES.
At the meeting required by this Rule, the parties shall discuss the following matters:
(i) the client's goals in bringing or defending the litigation;
(ii) whether settlement talks have already occurred and, if so, why they did not produce an agreement;
(iii) the point during the litigation when ADR would be most appropriate, with special consideration given to:
(aa) whether ADR should take place after the informal exchange or production through discovery of specific items of information; and
(bb) whether ADR should take place before or after the judicial resolution of key legal issues;
(iv) whether the parties would benefit from a neutral evaluation of their case, which could include suggestions regarding the focus of discovery , the legal merits of the claim, an assessment of damages and/or the potential settlement value of the case; and
(v) whether cost savings or any other practical advantages would flow from a stay of discovery or of other pre-trial proceedings while an ADR process is pending.
(d) REPORT TO THE COURT.
Not later than 10 days following the meeting required by this Rule, the parties shall file with the Court a succinct statement of all agreements reached with respect to any of the 13 matters set forth in paragraph (c), a description of the positions of each party on any matters as to which they disagree, and a proposed scheduling order. The statement shall be filed jointly, but the parties may submit alternative proposed orders that reflect any disagreements. The plaintiff shall have the duty to ensure timely filing of the report. If, by the time the report is due, any defendant has not responded to the plaintiff's proposed report or declines to join in the report, the plaintiff shall certify in the report that efforts were made to secure that defendant's participation.
COMMENT TO RULE 206: This Rule is new. Former Rule 206, dealing with appointment of special process servers, has been deleted as unnecessary. The new rule implements Rule 26(f), Federal Rules of Civil Procedure, and Section 3 of the Civil Justice Expense and Delay Reduction Plan. Item 7 of the matters to be discussed at the conference of counsel has been added to the list set forth in the Plan, and items 8 and 9 have been modified, to take account of recent amendments to Rule 26, Federal Rules of Civil Procedure.
APPLICABILITY TO PENDING CASES:
This Rule is applicable to all cases pending on March 1, 1994, as to which the deadline for the meeting has not been reached by that date.
(a) CASE TRACKS.
Each civil action shall be assigned to one of the following tracks for case management purposes:
(b) SCHEDULING CONFERENCE AND ORDER.
After receiving the report of the parties pursuant to Rule 206 of these Rules, the Court will hold a scheduling conference unless it determines, on the basis of the report, that a conference is unnecessary. At or after the conference, or after receiving the report of the parties where no conference is held, the Court will issue a scheduling order governing future proceedings in accordance with Rule 16(b), Federal Rules of Civil Procedure. The Scheduling Order will include the track to which the case is assigned, and the limits if any on the number of interrogatories, the number and duration of depositions, and the use of other forms of discovery. The Court may change the track assignment of a case, or modify the scheduling order, at any time upon a showing of good cause.
COMMENT TO RULE 206.1: This Rule is new. It implements Sections 2 and 4 of the Civil Justice Expense and Delay Reduction Plan, and Rule 16(b) of the Federal Rules of Civil Procedure as amended in December1993. The track assignment made pursuant to this Rule determines presumptive limits on the number of depositions and interrogatories that are provided in Rule 207.
(a) INITIAL DISCLOSURE REQUIREMENTS.
Unless otherwise provided by the Court in its scheduling order, the requirements of Rule 26(a)(1), Federal Rules of Civil Procedure, for initial disclosure of information are applicable in all cases except for cases assigned to the Complex Track, and cases exempted in Rule 206(b) of these Rules or by order of the Court. The time for making initial disclosures shall be 10 days after the entry of the scheduling order pursuant to Rule 206.1, unless the parties agree or the Court directs a different date.
(b) PRESUMPTIVE LIMITS ON INTERROGATORIES AND DEPOSITIONS.
Whether and to what extent limitations shall be placed on the permitted number of interrogatories and depositions will be determined by the Court in the scheduling order and may thereafter be changed on motion of the parties or the Court's own motion. When the scheduling order sets limits different from those contained in Rules 30(a)(2)(A) and 33(a), Federal Rules of Civil Procedure, the scheduling order shall govern. The following presumptive limits will be applied by the Court unless there appears good reason to depart from them:
The numerical limit on interrogatories applies to any discrete question, whether designated as a separate interrogatory or a subpart. The numerical limit on depositions applies to all plaintiffs as a group, all defendants as a group, and all third-party defendants as a group, unless otherwise provided in the scheduling order. The numerical limit on depositions in this Rule and in Rule 30(a)(2)(A), Federal Rules of Civil Procedure, shall not apply to depositions of experts designated pursuant to Rule 26(a)(2), Federal Rules of Civil Procedure.
(c) DURATION OF DEPOSITIONS.
No presumptive limits are established for the duration of a deposition, but the Court in its scheduling order may provide that a deposition shall not exceed a set number of hours or days.
(d) FORM OF RESPONSES TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS OR PRODUCTION OF DOCUMENTS.
Answers, responses and objections to interrogatories and requests for admissions or for production of documents and motions to compel answers or responses, shall identify and quote each interrogatory or request in full immediately preceding the answer, response or objection thereto.
COMMENT TO RULE 207: Former Rule 207, entitled "Form of Interrogatories and Requests for Admissions or Production of Documents" has been retitled, "Discovery." Paragraphs (a), (b), and (c) are new, and are adopted to implement Section 7 of the Civil Justice Expense and Delay Reduction Plan and recent amendments to discovery provisions of the Federal Rules of Civil Procedure.
VARIATIONS FROM THE FEDERAL RULES OF CIVIL PROCEDURE:
APPLICABILITY TO PENDING CASES:
The duty to make initial disclosures in accordance with Rule 26(a)(l), Federal Rules of Civil Procedure, is applicable to all cases pending on March 1, 1994, as to which the time for the conference provided for by Rule 206 has not been reached by that date.
Service of a notice of deposition five days in advance of the date set for taking the deposition shall constitute "reasonable notice" to a party as required by Rule 30(b), Federal Rules of Civil Procedure, unless the deposition is to be taken at a place more than 50 miles from the District of Columbia, in which case 11 days shall constitute reasonable notice. The computation of time under this Rule shall be governed by Rule 6, Federal Rules of Civil Procedure. The Court may enlarge or shorten the time on application of a party for good cause shown. Nothing in this Rule modifies the provision in Rule 32(a), Federal Rules of Civil Procedure, prohibiting the use of depositions against certain parties who with due diligence are unable to obtain counsel to represent them, or against parties with less than 11 days notice who file a motion for protective order.
COMMENT TO RULE 208: The last sentence of the rule has been added for clarification in light of the recent amendment to Rule 32(a), Federal Rules of Civil Procedure.
(a) GENERAL.
(b) PRETRIAL STATEMENTS.
(i) a statement of the case;
(ii) a statement of claims made by the party;
(iii) a statement of defenses raised by the parties;
(iv) a schedule of witnesses to be called by the party;
(v) a list of exhibits to be offered in evidence by the party;
(vi) a designation of depositions, or portions thereof, to be offered in evidence by the party;
(vii) an itemization of damages the party seeks to recover; and
(viii) a request for other relief sought by the party.
No objection shall be entertained to a witness or to testimony on the ground that the witness or testimony was disclosed for the first time in a party's Pretrial Statement, unless the party objecting has unsuccessfully sought to learn the identity of the witness or the substance of the testimony by discovery, and the Court or magistrate judge finds the information to have been wrongfully withheld.
Exhibits shall be listed by title and date. Exhibits will be presumed to be authentic unless objection to their authenticity is made at or before the final Pretrial Conference and the objection is sustained.
(c) EXEMPTED CASES.
The following categories of actions are exempt from this Rule:
(d) ORDERS AFFECTING CONTENT OF PRETRIAL STATEMENTS.
Nothing in this Rule shall preclude the Court in a particular case from entering an order requiring the parties to submit, in addition to the foregoing contents of pretrial statements, the following:
(e) OBJECTIONS TO DEPOSITIONS AND EXHIBITS.
The statement of objections to the use of depositions and to the admissibility of exhibits required by Rule 26(a)(3), Federal Rules of Civil Procedure, shall be filed at or before the pretrial conference.
(f) COMPLIANCE WITH FEDERAL RULES OF CIVIL PROCEDURE.
Compliance with the requirements of this Rule shall constitute full compliance with Rules 26(a)(3) and (4), Federal Rules of Civil Procedure. Those rules shall apply, however, in cases exempted from this Rule.
COMMENT TO RULE 209: The changes in this Rule are made to conform to the recent amendments to Rule 26(a)(3), Federal Rules of Civil Procedure. Categories of cases exempted from this is Rule are not exempted from the scheduling order provisions of Rule 16(b), Federal Rules of Civil Procedure, and Rule 206.1 of these Rules.
In each order referring a matter to a special master pursuant to Rule 53 of the Federal Rules of Civil Procedure, the Court shall direct the allocation of costs among the parties.
COMMENT TO RULE 210: The language of former Rule 1-21 has been changed for clarity and brevity.
A dismissal for failure to prosecute may be ordered by the Court upon motion by an adverse party or upon the Court's own motion. An order dismissing a claim for failure to prosecute shall specify that the dismissal is without prejudice, unless the Court determines that the delay in prosecution of the claim has resulted in prejudice to an opposing party.
COMMENT TO RULE 211: Same as former Rule 1-14.
All exhibits offered by a party in a civil proceeding whether or not received as evidence, shall be retained after trial by the party or the attorney offering the exhibit, unless otherwise ordered by the Court. In the event an appeal is prosecuted, each party to the action in this Court, upon notification from the Clerk that the record is to be transmitted and upon request of a party to the appeal, shall file with the Clerk any exhibits to be transmitted as part of the record on appeal. Those exhibits not transmitted as part of the record on appeal shall be retained by the parties, who shall make them available for use by the appellate Court upon request. Within 30 days after final disposition of the case by the appellate Court, the exhibits shall be removed by the parties who offered them. If any party, having received notice from the Clerk to remove exhibit as provided herein, fails to do so within 30 days of the date of such notice, the Clerk may destroy or otherwise dispose of those exhibits.
COMMENT TO RULE 212: This Rule is the same as old Rule 1-19 except that parties will file exhibits only when notified the record is to be transmitted to the Court of Appeals. Under the new practice of the Court of Appeals adopted in 1984, the record is not transmitted in the majority of cases.
A person refused recognition to practice or suspended or excluded from practice before the Patent Office may file a petition in this Court against the Commissioner of Patents for review of such action within 30 days after the date of the order recording the Commissioner's action. The Commissioner shall answer the petition within 20 days after receiving service of the summons. Within 11 days after filing of the answer, the petitioner shall file a certified copy of the record and proceedings before the Patent Office, which shall constitute the sole basis for the Court's review.
COMMENT TO RULE 213: Same as old Rule 1-26. The Court is required by 35 U.S.C. § 32 to have a rule for these proceedings.
(a) BILL OF COSTS.
Costs shall be taxed as provided in Rule 54(d), Federal Rules of Civil Procedure. A prevailing party may serve and file a bill of costs which shall include all costs the party seeks to have taxed. This bill of costs shall specifically designate which costs fall within paragraph (d) of this Rule. A hill of costs must be filed within 20 days after entry of judgment terminating the case as to the party seeking costs, unless the time is extended by the Court. Any cost omitted from the bill of costs shall not be allowed, except for postjudgment costs.
(b) OPPOSITION TO THE BILL OF COSTS.
A party from whom costs are sought may file an opposition to the bill of costs within 11 days after service of the bill. The opposition shall identify each item objected to, and the grounds for the objection. If no objection is filed, the Clerk shall tax those costs specified in the bill which are permitted by paragraph (d) of this Rule.
(c) TAXATION OF COSTS BY THE CLERK.
The Clerk shall tax costs after the judgment has become final or at such earlier time as the parties may agree or the Court may order. A judgment is final when the time for appeal has expired and no appeal has been taken, or when the court of appeals issues its mandate.
(d) COSTS TAXABLE BY THE CLERK.
When requested to do so in the bill of costs, the Clerk shall tax the following costs:
(e) MOTION TO RETAX.
A review of the decision of the Clerk in the taxation of costs may be taken to the Court on motion to retax by any party in accordance with Rule 54(d), Federal Rules of Civil Procedure. The Court, on a motion to retax, for good cause shown may tax additional costs or may deny costs allowed by the Clerk pursuant to Section (d). A motion to retax shall specify the ruling of the Clerk excepted to and no other costs will be considered, except that the opposing party may, within 11 days of service of the motion to retax, file an opposition and/or a cross-motion to retax.
(f) COSTS AND ATTORNEYS FEES.
In a case in which the Court has, at the time of the entry of final judgment, entered an order pursuant to Rule 215(a), and in which a party wishes to present its claim for costs at the same time as its claim for attorneys fees under Rule 215, the requirements of this Rule shall not apply.
COMMENT TO RULE 214: This is a new rule, proposed by the Committee after consideration of the recommendations of the Committee on Court Rules, Division IV, D. C. Bar, and the suggestions of the Clerk. The Office of Management Review, Administrative Office of the U.S. Courts, also recommended such a rule following its 1984 management audit. The proposed rule for the first time specifies the manner of taxing costs, previously governed only by Rule 54, Federal Rules of Civil Procedure. It also adopts a description of those costs that will be automatically taxable by the Clerk. These costs reflect judgments by the Committee, with which the Clerk is in agreement, as to which of those costs allowed by 28 U.S.C. § 1920 ought to be paid without consideration and approval by the Court. The list is generally in accord with existing practice, except that photocopying costs are raised to $300.00, and deposition transcript costs are allowed only for depositions actually used in the case, regardless of who noticed the deposition. Insertion of the comma (214(d)(6)) after the word "record" clarifies that the costs of depositions used in support of motions or pleadings may be taxed as well as depositions used at trials or hearings. The 10 day time period in Rule 214(e) should be changed to 11 days consistent with the time period in other Local Rules such as 108(b).
(a) POST-JUDGMENT CONFERENCE.
In any case in which a party may be entitled to attorney's fees from another party, the Court may, at the time of entry of final judgment, enter an order directing the parties to confer and to attempt to reach agreement on fee issues. The order shall provide an extension of time for filing a motion under Rule 54(d)(2)(B). Such an order shall also set a status conference, ordinarily not more than 60 days thereafter, at which the Court will (1) determine whether settlement of any or all aspects of the fee matter has been reached, (2) enter judgment for any fee on which agreement has been reached, (3) make the determination required by paragraph (b) of this rule, and (4) set an appropriate schedule for completion of the fee litigation. If the Court does not enter an order and schedule a status conference pursuant to this Rule, the parties are to proceed with motions for attorneys fees pursuant to Rule 54(d)(2), Federal Rules of Civil Procedure.
(b) DETERMINATION OF ATTORNEYS FEES PENDING APPEAL.
If a status conference described in paragraph (a) is held, the Court shall ascertain whether an appeal is being taken by either party, and if so, whether the appeal is on all or fewer than all issues. If a party has not finally decided whether to appeal, the Court may allow the party reasonable additional time to reach such a decision. After a decision has been made that there will be an appeal, the Court shall make a specific determination as to whether, in the interest of justice, the fee issues, in whole or in part, should be considered or be held in abeyance pending the outcome of the appeal.
(c) INTERIM AWARDS.
Nothing in this Rule precludes interim applications for attorneys fees prior to final judgment, nor does this Rule apply to attorneys fees sought as sanctions under Rules 11, 16, 26 or 37, Federal Rules of Civil Procedure.
COMMENT TO RULE 215: Changes have been made in this Rule to take account of the recent adoption of Rule 54(d)(2), Federal Rules of Civil Procedure, which provides a procedure for determination of fee awards. The procedure previously set forth in Rule 215 has been retained, but is no longer mandatory. Under Rule 58, Federal Rules of Civil Procedure, the Court may order that the filing of a motion for attorneys fees pursuant to Rule 54(d)(2) prior to the filing of a notice of appeal extends the time within which an appeal may be taken from the underlying judgment until after the Court rules on the motion for attorneys fees.
The following procedures shall govern deposits into the registry of the Court in all civil actions.
(a) RECEIPT OF FUNDS.
(b) INVESTMENT OF REGISTRY FUNDS.
(c) REGISTRY INVESTMENT FEE.
COMMENT TO RULE 216: This new rule incorporates the substance of the September 30, 1993, Order of Chief Judge Penn adopting the Court Registry Investment System. In section (a)(1) it is understood that, as with other rules, in the absence of the "presiding judge" the order could be entered by the motions judge. The transition section of the Order was not included in the rule.