FREQUENTLY ASKED QUESTIONS
Q: What type of advice
can the Clerk’s
Office personnel give?
Q: What forms of payment are acceptable?
Q: Should discovery material
be filed with the Clerk’s Office?
Q: How do I register a judgment from
another district?
Q: How do I issue out-of-state deposition
subpoenas?
Q: How do I retrieve a file from the
Federal Records Center?
Q: How does an attorney obtain a Certificate
of Good Standing?
Q: What is the procedure for gaining
admission pro hac vice?
Q: What is the procedure for a Bill
of Costs?
Q: What is the procedure for scheduling
a disclosure proceeding?
Q:
What type of advice can the Clerk’s Office
personnel give?
Clerk’s Office staff
cannot give “legal
advice” and therefore cannot:
- Explain the meaning of a specific rule
- Make an interpretation of a case law
- Explain the result of taking or not taking an action
in a case
- Answer whether jurisdiction is proper in a case
- Answer whether a complaint properly presents a claim
Clerk’s Office staff can provide procedural information
such as:
- Instruction on how to execute a task (number of copies,
use of forms)
- Provide information as to compliance with Court policy
Clerk’s Office staff cannot recommend
a lawyer to you.
Q: What forms of payment are acceptable?
The Clerk’s Office
accepts payments by cash, money order, check and Visa, MasterCard,
Discover, and American Express credit cards are accepted.
We do not accept credit card payments for posting bail. Checks
should be made payable to: Clerk, US District Court.
Q: Should discovery material be filed
with the Clerk’s
Office?
No. Pursuant to Local Rule
5(b), discovery material, including initial disclosures made
under Fed. R. Civ. P. 26(a) (1)-(3), shall not be filed except
when needed in a particular pretrial or trial proceedings
or upon order of the Court.
Q: How do I register a judgment from another district?
Complete a Certificate of
Judgment, form AO451, and have it certified by the district
court where the case originated. File the Certificate of
Judgment, together with a certified copy of the judgment
and a $ 39.00 filing fee. It will be assigned a new miscellaneous
case number.
Q: How do I issue out-of-state deposition subpoenas?
A subpoena shall be issued
out of the district court where it will be served – the
top portion of the subpoena should reflect the name of the
district where the deposition or production of documents
will be made. The name and civil number of the case should
be the same as the name and number where the case is actually
pending. Counsel should sign and issue the subpoena as a
officer of the Court.
Fed. R. Civ. P. 45 does not require that completed
subpoenas be issued by the Clerk’s Office nor used
under the seal of the Court. Attorneys are authorized to
issue subpoenas in the name of any court in which they are
authorized to practice, and in the case of a deposition or
production subpoena taking place in another district, in
the name of the court where the deposition or production
is to take place. It is not required that an attorney be
a member of the bar in the district where the subpoena is
issued as long as the attorney is authorized to practice
in the district where the primary action is pending.
Q: How do I retrieve a file from the Federal Records
Center?
Closed files are archived
and shipped to the National Archives and Records Administration
located at 380 Trapelo Road, in Waltham, Massachusetts. Files
are stored in specific locations identified with an accession
number and a box number.
A request for an archived file can be made
with the Clerk’s
Office in writing, together with a retrieval fee of $45.00.
NARA will generally send a closed file to the Clerk’s
Office within five to seven days of receipt of the retrieval
request. You will be contacted when the file has been received,
which will be kept in the Clerk’s Office for one week.
Alternatively, records may be reviewed on site
at the Waltham facility or copies of case documents may be
mailed or faxed from NARA directly to the requestor. (Prior
to calling NARA (781-663-0130), the requestor must obtain
from the Clerk’s
Office the case file name and number, the accession number
and the box location number).
Q: How does an attorney obtain a Certificate of
Good Standing?
A request for a Certificate
of Good Standing can be made to any member of the Clerk’s
Office staff. The fee is $15.00.
Q: What is the procedure for gaining admission pro
hac vice?
Visiting counsel should not
file a motion to appear pro hac vice in order to practice
in this court. Local Rule 83.1 (c)(1)provides
that visiting counsel need only to certify that he/she is
admitted to practice in another federal court or the highest
court of any State and that he/she is not currently under
any order of disbarment, suspension or and other discipline.
Any such visiting counsel must have at all time associated
with him/her a member of the bar of this Court.
Q: What is the procedure
for a Bill of Costs?
The prevailing party can seek reimbursement
for those costs that are taxable under Title 28 U.S.C. Section
1920 by filing a completed bill of cost form (which is available
on the court’s web page), together with supporting
memorandum and documentation, within 30 days of entry of
judgment. Any response or objection shall be filed within
21 days after the filing of the Bill of Costs. The Clerk
will review the filings and will ordinarily have a conference
with counsel prior to taxing costs. See Local Rule 54.3.
Q: What is the procedure for scheduling a disclosure
proceeding?
Pursuant toFed.
R. Civ. P. 69(a), the process to enforce a money judgment
must be in accordance with the procedures set forth in Title
14 Maine Revised Statutes Annotated sections 3120-3163. A
disclosure hearing, usually held before a magistrate judge,
is conducted to determine if there are any assets of the
judgment debtor that can be taken to satisfy the judgment.Counsel
for the judgment creditor must contact the Clerk’s
Office and obtain a date for the disclosure hearing and must
then prepare a disclosure subpoena for service. Service of
the disclosure subpoena on the judgment debtor must be made
at least 10 days prior to the disclosure hearing. (The disclosure
subpoena form is available on the court’s web page).