LR 9.1 Special Rules of Pleading

(a) Notation of "Jury Demand" in the Pleading. If a party demands a jury trial by endorsing it on a pleading, as permitted by Fed. R. Civ. P. 38(b), a notation shall be placed on the front page of the pleading, to the right of the caption, stating "Demand For Jury Trial" or an equivalent statement.

(b) Procedure for Notification of Any Claim of Unconstitutionality. In any action, suit or proceeding in which the United States or any agency, officer, or employee thereof is not a party and in which the constitutionality of an Act of Congress affecting the public interest is drawn in question, or in any action, suit or proceeding in which a State or any agency, officer, or employee thereof is not a party, and in which the constitutionality under the Constitution of the United States of any statute of that State affecting the public interest is drawn in question, the party raising the constitutional issue shall notify the Court of the existence of the question either by checking the appropriate box on the civil case cover sheet or by stating on the paper that alleges the unconstitutionality, to the right of the caption, "Claim of Unconstitutionality" or the equivalent.

(c) Request for Three-Judge Court. In any action or proceeding which a party believes is required to be heard by a three-Judge court, the words "Three-Judge Court Requested" or the equivalent shall be included to the right of the caption of the first pleading in which the cause of action requiring a three-Judge court is pleaded. The words "Three-Judge Court Requested" or the equivalent on a pleading is a sufficient request under 28 U.S.C. § 2284. Together with the pleading requesting a three-Judge court, there shall be submitted a separate document entitled "Application for Three-Judge Court," together with a memorandum of points and authorities in support of the application.

(d) Designation of "Class Action" in the Caption. In any case sought to be maintained as a class action, the complaint, or other pleading asserting a class action, shall include to the right of the caption, the words "Class Action."

(e) Failure to Comply. The failure to comply with the requirements of this Rule shall not be grounds for denial of or construed as a waiver of rights otherwise provided by law.

COMMENT: At its meeting on November 1, 2004, the Court voted to abrogate the provision of the LR which required that social security numbers be set forth in the complaint. Under the E-Government Act of 2002, if an individual's social security number must be included in a paper, only the last four digits of that number may be used (i.e., xxx-xx-1234). Administrative Order 04-AO-028, filed on July 7, 2004, suspended that provision effective immediately "until such time as the notice requirements of Fed.R.Civ.P. 83(a)(1) have been fulfilled."

November 1, 2004