RULES OF THE TWENTY-NINTH
JUDICIAL DISTRICT COURT
PARISH OF ST. CHARLES
STATE OF LOUISIANA
Effective April 1, 1999, Amended December 13, 2012
IT IS ORDERED that the rules set forth herein be, and they hereby are adopted as the Local Rules of the Twenty-ninth Judicial District Court, Parish of St. Charles, State of Louisiana. Any prior local rules of this court are hereby rescinded and repealed.
Hahnville, Louisiana, this 13th day of December, 2012.
Judge Emile R. St. Pierre
Judge M. Lauren Lemmon
Judge Judge Tim Marcel
|Division C:||Judge Emile R. St. Pierre
PO Box 424
Hahnville, LA 70057
|Division D:||Judge M. Lauren Lemmon
PO Box 424
Hahnville, LA 70057
|Division E:||Judge Tim Marcel
PO Box 424
Hahnville, LA 70057
Section B. There is established the position of Chief Judge of the Twenty-Ninth Judicial District Court. By December 1 of every calendar year, the Chief Judge of the 29th Judicial District Court will be elected by the sitting judges of the 29th Judicial District Court by a majority vote of said judges. The term of office for the chief judge shall be from January 1 – December 31 of the following calendar year. In the event that said election is not held by the judges by December 1 of any calendar year, the sitting judge is automatically elected for another one-year term.
The general responsibility of the Chief Judge shall be to supervise and direct the administration of the court. The responsibilities of the Chief Judge include:
- Preparation of recommended policies and plans and submission of such recommendations to the court en banc or, where appropriate, to other authorities.
- Representation of the court in ceremonial functions and in its relations with other branches of the government, or with other courts, and with the news media.
- Calling and presiding over en banc meetings of the court.
- Supervision of court finances, except as otherwise provided.
- Any other responsibility imposed by law, rule of court or by the action of the court en banc.
The Chief Judge shall not establish any new policy, effect a change in policy, or make any communications to the media on behalf of the entire court unless specifically authorized by a majority of the judges of the court.
Section C. There is established the position of Duty Judge of the Twenty-Ninth Judicial District. The Duty Judge shall:
- Serve as the Committing Magistrate for all criminal matters, including the following responsibilities:
a. All weekend and holiday emergencies.
b. Fixing bail.
c. Appointment of attorneys to represent indigent defendants.
d. All other matters relating to persons in custody, except when the case has been allotted to another judge and that judge is available.
e. Authorizations of all search and arrest warrants.
f. Authorizations of expenditures from the Fines and Forfeitures and Criminal Court funds.
- Handle all civil matters, not referable to the allotted judge, including:
a. Default judgments, if the allotted judge is unavailable.
b. Actions such as civil commitments, injunctions, habeas corpus or other summary proceedings in emergency cases when the judge to whom the matter is allotted cannot be located after diligent effort.
- It shall be the responsibility of the duty judge to provide for his replacement during times of his unavailability.
- The Judges of the respective divisions shall serve as Duty Judge according to a three-year rotating cycle, as herein after listed. Year 1 of the cycle begins on January 1 of the term of office of the Judges of the 29th Judicial District Court; the cycle repeats itself on January 1 of year 4 term of office. The three-year rotation is as follows:
Year 1 C, D, E
Year 2 D, E, C
Year 3 E, C, D
Amended March 10, 1999, Section B Amended November 15, 2011,
Section C Amended December 13, 2012.
Section B. Each calendar year shall constitute a court term.
Section C. The court may convene en banc for ceremonial purposes on the day following Labor Day and on May 1, Law Day, of each year. The Court shall convene en banc at such other times as the business of the court may require.
Section D. A grand jury shall be empanelled in the first week of October and the first week in April of each year. The handling of the grand jury matters shall be rotated among the divisions of court.
Amended March 10, 1999.
- The Clerk of the Twenty-Ninth Judicial Court, or a person designated by him and under his immediate supervision, upon the filing of any new civil proceeding and the payment of all costs chargeable thereto, shall immediately and publicly allot the case to a division of the Court in a manner and by the use of a mechanical or electronic device which insures the equal assignment by chance and by lot among the divisions of the court. The Clerk of Court shall furnish to the court a list of the allotments monthly.
- No case shall be allotted which has not been regularly filed and docketed. All subsequent filings shall include the case number and division.
- Suits or proceedings not in their nature original, but growing out of suits or proceedings previously pending, such as actions of nullity of judgment, or to restrain or regulate the execution of judgment, shall be not docketed as separate suits, but shall be treated as part of the original suit out of which they arise, shall be docketed and numbered as parts of such suit, and shall follow the prior allotment to a division of the court. Whenever this rule is violated, the judge to whom the matter is allotted shall have the power to order the matter transferred to the proper division and consolidated with the original suit.
- Protective orders shall be randomly allotted according to the Clerk’s random allotment procedures. Any subsequently filed suit for divorce between the same parties shall be consolidated with any protective order suit that is still active. Any protective order suit is still active if it has not been formally dismissed with a written order of dismissal signed by a judge or unless it has expired by operation of law.
Section B. Criminal Cases
- All cases (except homicides), felonies and misdemeanors shall be allotted to the judge serving as duty judge on the date of the defendant’s arrest.
- When a felony matter has been allotted to a division, all subsequent indictments, charges and criminal cases arising out of the same transaction, occurrence, or series of transactions or occurrences shall be allotted to the same division. A defendant with an open felony shall be allotted to the division in which the open case is pending.
- All traffic cases and misdemeanors where the defendant is not arrested shall be allotted by adherence to a schedule prepared by an en banc order of the court.
Section C. Juvenile Cases
- Juvenile cases shall be allotted to the judge on duty when the juvenile is taken into custody. If the juvenile is not taken into custody, the case shall be allotted to the judge on the date of occurrence, or if that date is uncertain, on the date of the filing of the petition.
Section D. Allotment of Special Matters
- All first or second degree murder cases and all drug roundups (when warrants are signed by 15 or more people as a result of a concerted operation) shall be allotted to each division on a rotating basis.
- Class actions shall be designated as complex civil litigation and shall be allotted equally to the divisions of court on a rotating basis.
All complex civil litigation shall be allotted equally to the divisions of court on a rotating basis. For the purpose of this rule, complex civil litigation means one case or two or more related cases that present unusual problems and require extraordinary treatment. A case shall be designated as complex civil litigation only by en banc order of the court. Where two or more related cases are designated as one complex civil litigation, all of the related cases shall be allotted or re-allotted to the division of whom re-allotment is proper under this rule.
Section E. Transfer and Re-allotment of Cases
- When a judge to whom a case is allotted is recused for any reason provided by law, the case shall be immediately and randomly re-allotted to a division over which the recused judge does not preside. All recusals in civil cases are to be made by formal, written orders stating specifically the reason for the recusal.
- When two or more suits are pending in the court which involve a cause or causes of action of sufficient similarity to justify consolidation for trial, the following procedure shall govern:
a. If the suits are allotted to the same division, the judge of that division may order consolidations.
b. If allotted to different divisions, the division having the suit with the lowest number shall handle the matters, and all of the remaining suits shall be transferred to that division by written motion signed by the judge from whom the case is transferred and the judge to whom the case is transferred.
Amended March 10, 1999.
Section B. Each pleading shall be signed by an attorney, or if in proper person, by the litigant. The name, address and telephone number of the person signing the pleadings shall be typed or printed under his signature.
Section C. If a law firm or more than one attorney represents a party, one attorney will be designated in the first pleading filed on behalf of that party as trial attorney. This attorney, may, but need not be, the attorney who personally signs pleadings. The Trial Attorney will be responsible for the case and all communications with respect to it will be directed to him. The designation of Trial Attorney may be changed at any time by ex parte motion.
When any reference is made in any memorandum to any authority other than (1) decisions of the appellate courts of this state, (2) decisions of United States courts, (3) statutes of the State of Louisiana, and (4) statutes of the United States, a Xerox or other legible copy of the authority shall be attached to the memorandum.
Section B. When an attorney has matters assigned for trial or hearing in two or more divisions of this Court on the same day, he shall inform the minute clerk of each division of his whereabouts until the matter in that division has been disposed of.
Section C. The rules governing argument and exhibits set forth in Rule VIII shall apply to hearings on motions, rules and exceptions.
Section D. Every motion for summary judgment shall be accompanied by a concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried, and by a memorandum of authorities or brief in support of the motion.
A pleading opposing a motion for summary judgment shall include a separate, concise statement of the material facts as to which the opponent contends a genuine issue exists. All material facts set forth in the statement required to be served by the moving party will be deemed admitted unless controverted in the statement required of the opposing party.
Section E. Cases shall not be consolidated for trial after one of the cases has been set for trial on the merits, unless the judges to whom the cases are assigned both conclude that the interests of justice would be better served by the consolidation.
Section F. A continuance shall not be granted by the mere agreement of counsel. A motion for continuance shall be filed as soon as practicable after the grounds therefor occur or become known to the party seeking the continuance. A party filing a motion for continuance shall notify opposing counsel before presenting the motion to the judge to whom the case is allotted, and shall indicate in his motion where there is opposition to said motion.
Amended March 10, 1999.
Section B. Every motion to compel discovery shall be accompanied by a certificate of counsel for the moving party, either (1) stating that he has conferred with opposing counsel for purposes of amicably resolving the issues, and stating why counsel are unable to agree, or (2) stating that opposing counsel has refused to meet and confer after reasonable notice. Counsel for the moving party shall arrange the conference. If the court finds that opposing counsel has willfully refused to meet and confer, or having met, willfully refused or failed to confer in good faith, the court may impose such sanctions as it deems proper.
Amended March 10, 1999.
Section B. At least two judicial days before the scheduled pre-trial, counsel for all parties must submit to the court a statement jointly prepared and signed, including the following information.
- A statement of undisputed facts and a formal stipulation thereof.
- A statement of disputed facts.
- A statement of undisputed law applicable to the case.
- A statement of disputed law applicable to the case.
- A memorandum of law supporting (4).
- A list of all exhibits to be offered at trial.
- A list of all witnesses and a summary of their testimony.
- A list of all depositions and a summary of testimony therein.
- A statement as to any other matters not coming under the previous headings which may be relevant to a prompt and expeditious disposition of the case.
- The sentence “Trial of this case is hereby set for _________ at ______.” With appropriate blank of the signature of the judge. It shall be the responsibility of the plaintiff to initiate steps to prepare the statement herein required.
- An estimate of the number of days required for trial.
Section C. The attorney who will try the case must attend the pre-trial conference, unless prior consent of the court is obtained. In any event, the attorney who attends the pre-trial conference must be thoroughly familiar with the case, must be prepared to enter into stipulations as to all aspects of the case, and must possess firm settlement authority.
Section D. Where discovery is not complete by pre-trial conference, the court may either convert the pre-trail conference into a status conference, or complete the pre-trial conference but fix a date beyond which no further discovery will be had.
Section E. In the event a party feels that a pre-trial conference should not be held, or that the type of pre-trial conference contemplated by the these rules does not appear to be calculated to facilitate a just and speedy determination of the issues, he shall notify the judge within five days of the mailing of the notice of pre-trial conference.
Section F. Any time the judge deems that a conference with all counsel may materially advance the cause or will serve the interests of justice, he may initiate a status conference.
When the court determines at a pre-trial conference that the matter is not ready for trial, it may convert the pre-trial conference into a status conference and issue orders at that conference which are deemed necessary for the just and speedy determination of the matter.
Section G. If counsel fails to appear at pre-trial or to conform to the rules set forth herein, the court may impose any sanction authorized by law for such conduct, including the imposition of a fine against counsel personally.
Section H. When a matter is set for trial on the merits, the Clerk of Court will promptly give written notice to counsel for all parties as well as to every party not represented by counsel.
Arguments of Counsel. On all contested motions, exceptions and rules, and objections to evidence or procedure during the course of a trial, and in all closing arguments in a trial on the merits, the following rules apply:
- The mover, exceptor, objector or other party bearing the burden of proof shall make the opening argument;
- The opponent shall make his response;
- The mover, exceptor, objector or other party bearing the burden of proof shall make his rebuttal.
No other argument shall be permitted without leave of court. All arguments shall be relevant and concise. The court may deny the right to orally argue, or place a specific time limit on any argument, when in its discretion such action is appropriate.
Exhibits and Documents. Counsel shall number, label and, where appropriate, identify each exhibit (documentary or real evidence) which he intends to offer into evidence during the course of a trial or hearing, and shall deliver a list of the exhibits, containing the number, label and a brief description of each, to the Clerk of Court at least one hour before the time fixed for commencement of the trial or hearing.
Without prior written order of the Court, no subpoena shall be issued to any person for his appearance at the trial of a case on its merits unless is has been requested at least fifteen (15) days prior to the date upon which the trial is to be held. Failure of a witness to appear will not be grounds for a continuance unless the clerk received the request for his subpoena at least fifteen days before the trial.
Each party shall submit to the Court a memorandum of authorities setting forth the issues of law which are likely to arise during the trial, and the authorities bearing upon the resolution of the issue. The provisions of the Rule V, Section A as to authorities from other jurisdictions shall apply to these pre-trial memoranda of authority. The plaintiff shall submit his pre-trial memorandum to the court no later than seven days prior to the date set for trial, and the defendant shall submit his pre-trial memorandum not later than three days before the trial.
Amended March 10, 1999.
A copy of each affidavit required by this rule shall be delivered to opposing counsel and to the judge to whom the matter is assigned when the original is filed in the record.
Section B. Any pleading in which a litigant seeks an adjudication of contempt or an executory judgment for nonpayment of alimony or support shall contain allegations of or shall be accompanied by a statement setting forth the following:
- A computation of all payments that have accrued under the judgment.
- An itemized list of all payments received, showing the date, the payor, the recipient, and the manner of each payment. The payments received more than six months before the first alleged default for which contempt adjudication or an executor judgment is sought need not be itemized unless such payments are relevant to the issues before the court. The opposing party shall admit or controvert the allegations or contents of the statement in a pleading or statement filed at least twenty-four hours prior to the time the matter is called for hearing.
- A copy of the pleading or statement required by the rule shall be delivered to opposing counsel and to the judge to whom the matter is assigned when the original is filed in the record.
Section C. Mediation may be ordered when custody or visitation of children is an issue for decision in any petition or motion. If the parties do not agree on a mediator, the court will select one. Failure to comply with an order of mediation will subject a party to the contempt powers of the court.
If the parties reach an agreement, the mediator shall prepare a written, signed and dated agreement. Counsel for both parties shall submit a consent judgment immediately for the approval of the court.
An order of mediation may be set aside at any time if counsel notify the court that custody or visitation issues are not contested, or for other reason(s) deemed sufficient by the court.
Unless otherwise ordered by the court, costs of mediation shall be equally divided between and paid by the parties.
Amended March 10, 1999. Section C added March 10, 1999.
A juror may be excused from duty only by the judge of the division for which he has been summoned.
Neither prospective jurors nor jurors shall be contacted, either directly or through any member of the immediate family of any juror.
Absent an order of court, no juror shall be interviewed by anyone at any time concerning the deliberations of the jury.
A jury venire shall be drawn by the Clerk of Court and the jury commissioners 30 days before the date assigned for trial.
The cost of drawing the jury venire and subpoenaing the prospective jurors shall be assessed and paid as court costs, in the manner provided by law. If the party requesting jury trial is not cast for all of the court costs, he is entitled to a full (or proportionate) refund of the deposit required by this rule when the court costs are paid by the party cast.
In a civil case, a party praying for trial by jury shall deposit as bond with the Clerk of Court the sum of $2,000.00 for the first day, and $400.00 per day for each additional day estimated for trial, to be posted at least 60 days before trial in accordance with law.
Inasmuch as the estimated costs for the first day of a jury trial total approximately $3,800.00 (including extra costs not contemplated by the legislature in establishing the $2,000.00 jury bond),* the party requesting the jury trial is to deposit the additional sum of $1,800.00 at the time posting bond to cover the additional costs.
In the event that the jury deposit is fully depleted during trial, the Clerk of Court shall notify the party requesting the jury of the remaining costs required, and said party shall promptly pay the same. At the time of posting the bond, the party praying for the jury shall pay to the Clerk of Court the sum of one hundred and fifty dollars as jury filing fees.
The request for jury trial shall include the following order:
IT IS HEREBY ORDERED that this cause be tried by jury upon applicant’s depositing into the registry of the court the sum of $2,000.00 cash, and $400 per day for each additional day estimated for trial, to be posted at least 60 days prior to trial, plus the additional sum of $1,800.00 to cover all jury costs herein.
Every motion to set for trial shall include an estimate of the number of days required for trial. If the motion fails to state a number of days, the judge will assign an estimate of ten days. The cash deposit shall be computed accordingly.
No trial by jury shall commence until this rule is complied with. Failure to comply with this rule shall constitute a waiver of the request for jury trial and a consent to trial of the case before the judge alone.
The funds disbursed from the cash deposit for payment of jury costs shall be assessed as costs of court.
After payment of all jury costs, any unexpected amounts remaining in the cash deposit shall be refunded by the Clerk of Court to the party filing the cash deposit. If the party requesting jury trial is not cast for all the court costs, he is entitled to a full (or proportionate) refund of the deposit after the court costs have been paid in full by the party cast.
When the funds are made available through the provisions of this rule, the Clerk of Court shall pay each juror the fees and costs to which he is entitled no later than upon completion of the trial.
The party requesting a trial by jury shall be responsible on a daily basis for all jury food expenses.
- In criminal jury trials, after the examination of prospective jurors in accordance with Code of Criminal Procedure Article 786, the court may tender a prospective juror as provided by the first paragraph of Article 788 or, alternatively, may require simultaneous challenges as hereinafter provided.When the examination of prospective jurors has been completed and all challenges for cause ruled upon, the name of the remaining prospective jurors shall be submitted to the state and the defendant, whereupon they shall simultaneously accept or peremptorily challenge each juror submitted.
Both the state and the defendant shall be provided a sheet with the panel of prospective jurors stated thereon; and each side shall mark with an “X” any juror that they intend to challenge peremptorily. If a prospective juror’s name is not marked with an “X”, said juror shall be deemed accepted by the party. Said sheets shall be filed of record.
- In civil jury trials, when the examination of prospective jurors has been completed and all challenges for cause ruled upon, the name of each remaining prospective juror shall be submitted to the parties in the same manner as set forth in paragraphs two and three of Section I 1.
March 10, 1999. Section I added March 10, 1999. Section E Amended October 24, 2012. Section I Amended November 30, 2012.
Every motion for voluntary dismissal of a matter which has been fixed for trial on the merits, or in which a hearing on a motion, rule or exception is pending, shall contain a statement of the date and nature of the pending trial or hearing, and a copy of the motion and judgment of dismissal shall be delivered to the judge before whom the trial or hearing is pending.
When a civil case which has been set for trial on the merits is settled or otherwise disposed of, counsel shall immediately inform the clerk’s office, the judge of the division to which the case is allotted, and all persons subpoenaed as witnesses.
When a case is settled within 24 hours prior to trial or after the trial has commenced, counsel shall be given an opportunity to show that the failure to agree on settlement at an earlier time was not the result of unreasonable refusal to enter settlement negotiations, or that the settlement was not the acceptance of an offer earlier refused as part of a calculated tactic of delay in reaching a settlement in an attempt to obtain further advantages in
disregard of the interests of others. If counsel fails to make this showing, the court may assess jury costs, including all jury attendance fees, and all witness’ costs, against the party and counsel, or both, deemed responsible.
* Said Costs are as follows:
$150.00 for clerk’s fee
$200.00 for sheriff’s fee
$450.00 for Clerk of Court subpoena preparation
$3,000.00 ($30.00 x 100 jurors) for juror fees
All judgments in contested matters shall be approved as to form by all counsel before submission to the court for signing. Unless otherwise designated by the court it is the duty of the prevailing party to submit a judgment to the court within 10 days after rendering. In default of a party submitting the same, the court reporter will prepare a transcript. The court reporter’s costs will be taxed to the defaulting party.
Whenever a party litigant provokes the appointment of a curator ad hoc, except in executory process, said party should immediately deposit with the Clerk of Court a deposit of $250.00. Said deposit shall be held for the curator’s fee and out-of-pocket costs of the curator, if any. Any unused portion of the deposit will be refunded to the party litigant after the curator’s fee and costs are paid.
All judgments of default shall be confirmed before the judge to whom the matter is allotted. A party seeking to confirm a default judgment must make specific arrangements for the confirmation with the minute clerk.
If the judge to whom a matter is allotted is unavailable, a party may confirm a default before the duty judge, after making specific arrangements for the confirmation with the minute clerk.
Amended March 10, 1999.
The fee of an attorney appointed to represent an absent defendant shall be fixed at the sum of $350.00, unless the court in its discretion fixes a greater or lesser sum. Any suggestion or request for a fee larger than $350.00 shall be accompanied by a certificate of the attorney for the absent defendant reflecting his work efforts and expenses in connection with the defense of the absent defendant.
The attorney appointed to represent an absent defendant pursuant to CCP Art. 5091, et seq., shall attend any hearing in connection with, and the trial on the merits of, the claim against the absent defendant.
Amended March 10, 1999. Section A Amended November 30, 2012.
An applicant to proceed in forma pauperis (waiver of costs for an indigent party, as provided by CCP Art 5181, et seq.) shall execute an affidavit of financial condition in the form set forth in Appendix B of these rules. The affidavit of financial condition shall accompany the motion to proceed in forma pauperis and the affidavits required by CCP Art 5181, et seq.
A criminal defendant who seeks appointment of counsel pursuant to R.S. 15:147 shall complete the affidavit of financial condition prescribed by Appendix B to these rules.
Court costs in all cases shall be fixed and assessed pursuant to a schedule adopted by the court en banc. The Clerk of Court and the Sheriff shall provide copies of the schedule to the Bar and to the public.
No suit records or exhibits or other documents forming part of the record in a case shall be withdrawn from the office of the Clerk of Court without a written order from a judge. On the day of the trial, the minute clerk shall bring the record to court.
Amended March 10, 1999.
Judicial proceedings in the Twenty-ninth Judicial District shall be conducted with fitting dignity and decorum, in a manner conducive to undisturbed deliberation, indicative of their importance to the people and to the litigants, and in an atmosphere that reflects the responsibilities of those who are charged with the administration of justice. In the furtherance of these goals, the photographic or electronic recording of judicial proceedings for publication or otherwise, or the transmitting, broadcasting or televising of judicial proceedings, whether simultaneously or delayed through the use of audio and/or visual recording methods, including the use of sound recordings, film or video tape, in the courtroom area or so close to the courtroom area as to disturb order or decorum either while the court or Grand Jury is in session, or at recesses between sessions, or within 15 minutes prior to or following a court or Grand Jury session, are prohibited, except that electronic recordings for the perpetuation of a record for the court may be permitted.
Section B. Dress Code
All persons entering the court are to be dressed appropriately, as recited below. Appropriate dress not only helps maintain decorum in the administration of justice but also shows respect for our laws, our courts, and our fellow citizens. Those in violation may be asked to leave and return in proper attire. Court security will enforce this dress code, with final approval of appropriate dress being determined by the judge presiding over the particular case.
- Attorneys. Male attorneys appearing before the bar are required to wear a coat and tie. Female attorneys appearing before the bar are required to have appropriate professional attire commensurate with their standing as officers of the court.
- Public. The following items are not considered appropriate dress and will not be allowed in the courtrooms: halter tops, tank tops, undershirts, or muscle shirts worn as outer garments; lingerie, pajamas, shorts, excessively baggy pants, or trousers below the waistline; sunglasses (unless for a legitimate medical reason), hats or caps (unless for a specific religious purpose); slippers or flip-flop shoes; and clothing with vulgar, racist, sexist, obscene, profane or suggestive works or depictions.
Section C. Attorney Related to Judge
An attorney who is the spouse or relative within the second degree of a judge to whom a case is allotted shall not be allowed to enter the case as attorney of record:
- In civil cases after the judge has rendered any judgment or issued any substantive order.
- In criminal cases after the judge has taken any action other than magistrate duties. The prohibition herein shall not apply when an attorney furnishes proof of prior representation of a litigant.
Amended December 13, 2012, Section B Added December 13, 2012.
Arraignments and Pre-trial Motions
Pursuant to Louisiana Code of Criminal Procedure Articles 230.1, 522 and 551, unless otherwise ordered by the Court, a defendant may appear for the seventy-two hour hearing and arraignment and enter a plea by simultaneous transmission through audio-visual electronic equipment.
Pursuant to Louisiana Code of Criminal Procedure Article 522.B, unless otherwise ordered by the Court, a defendant may appear at any pretrial motion or at any hearing on a pretrial motion by simultaneous transmission through audio-visual electronic equipment when approved by both defense counsel and the District Attorney.
Added June 26, 2001.
Prior Rule XIX renumbered and designated as Rule XX, June 26, 2001.