U.S. District Court District of Minnesota Immigration Litigation in Federal Court January 30, 2015 Procedural Requirements in U.S. District Court.

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Presentation transcript:

U.S. District Court District of Minnesota Immigration Litigation in Federal Court January 30, 2015 Procedural Requirements in U.S. District Court

PRACTICING IN FEDERAL COURT  Admitted to the Federal Bar Cost: $ admission fee  Appear Pro hac vice with a local representative Cost: $ motion fee per case  Must file cases electronically Monthly training sessions at Minneapolis Federal Courthouse

RULES & PROCEDURES  District of MN’s Electronic Case Filing (ECF) procedures  Be familiar with the Local Rules  Visit our website to download local rules and filing procedures 

IMMIGRATION CASES  Rule 5.2 of the Federal Rules of Civil Procedure requires that Courts limit remote access to electronic files in immigration cases. Attorneys of record may have access in ECF to all documents filed in immigration cases. The public will have Internet access only to docket sheets, opinions, orders, judgments or dispositions of the court. Unless otherwise ordered by the court, all documents in immigration cases may be viewed on the public terminals in the Clerk’s Office during normal business hours.

IMMIGRATION CASES SINCE 2005  84 Naturalization Application  75 Habeas Corpus – Alien Detainee  7 Deportation Cases  110 Other Immigration Actions Petitions for Writ of Mandamus Immigration and Nationality Act Federal Question Petition for Naturalization Hearing

PRETRIAL/NON- DISPOSITIVE MOTIONS  Magistrate Judge  Rule 16 conference  Discovery motions  Motions to amend complaint or answer  Changes to the scheduling order

DISPOSITIVE MOTIONS  Article III Judge  Motions to dismiss or for summary judgment  Motion for class certification  TRO’s/preliminary injunctions  Motions to remand

OVERVIEW OF TRIALS  Most conducted by Article III Judges  Parties may consent to civil trials before a Magistrate Judge  Bench trial vs. jury trial  Courtroom technology  Exhibits  Voir dire policy

CONCLUSION  Read Local Rules & ECF Procedures  ECF Helpdesk  Clerk’s Office cannot provide legal advice  Ask questions