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Court and Judge Rules Update: December 3-11, 2012
Practical Law Legal Update 4-522-8576 (Approx. 6 pages)
Court and Judge Rules Update: December 3-11, 2012
by PLC Litigation
| Published on 11 Dec 2012 • USA (National/Federal) |
This Legal Update reports on changes to the local rules and Case Management/Electronic Case Filing (CM/ECF) rules for all US federal district and appellate courts between December 3 and 11, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period.
This Legal Update reports on changes to the local rules and Case Management/Electronic Case Filing (CM/ECF) rules for all US federal district and appellate courts between December 3 and 11, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period. For links to all federal court local and CM/ECF rules, as well as the individual practice rules for US federal judges, see PLC Litigation, Court Rules.
Federal Rules of Criminal Procedure
The Office of the Law Revision Counsel has revised two rules and added a new rule to the Federal Rules of Criminal Procedure, effective December 1, 2012. The Counsel has not yet released a version of the rules reflecting changes. The following rules have been revised:
- Rule 5(c)(4). This rule deals with the place of initial appearance for persons extradited to the US.
- Rule 15(c). This rule deals with the Defendant's presence at depositions.
- Rule 15(f). This rule deals with admissibility and use of the deposition as evidence.
Additionally, the Counsel added Rule 37, Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal.
Southern District of New York
Judge Paul A. Crotty updated two of his court documents. Judge Crotty's:
- Individual Practices now specifies the judge's preference for communication through e-mail, as opposed to fax, and also mandated that joint letters in initial conferences in civil cases be submitted 2 days before the meeting.
- Civil Case Management Plan and Scheduling Order states that all dates must be typed into the form, not handwritten.
District of Delaware
The US District Court for the District of Delaware has issued a statement that, in accordance with the Standing Order for the District Court Fund, the annual registration fee of $25 for 2013 is due by January 15, 2013, for attorneys who became members of the Bar of the U.S. District Court for the District of Delaware before January 1, 2008, who wish to maintain their admission in active status.
Eastern District of Pennsylvania
Magistrate Judge Elizabeth T. Hey has updated her Standing Order Re: Pretrial Stipulation (Bench Trial) and her related Standing Order Re: Pretrial Stipulation (Jury Trial). On both documents:
- Order 3 now asks counsel expecting to use oversize exhibits to make the court aware of this fact.
- Order 6 no longer requests that electronic copies of proposed findings of fact and conclusions of law be in WordPerfect format.
- Order 7 has been added, requesting that each side submit a statement of electronic equipment that each side will be bringing and what additional electronic equipment the court needs to provide.
Middle District of Pennsylvania
The US District Court for the Middle District of Pennsylvania has updated its local rules, effective December 1, 2012, to reflect the adoption of Local Criminal Rule 32.1, governing pre-sentence procedure. The rule provides for mutual discovery between the prosecuting attorney and defense attorney of all material that is supplied to the probation officer, and charges the probation officer with supplying a pre-sentence report to the court.
Eastern District of Tennessee
The US District Court for the Eastern District of Tennessee has updated its local rules, effective December 1, 2012, to reflect that Local Rule 83.5(b)(1) now mandates a fee of $90 for attorneys seeking pro hac vice admission.
District of Arizona
The US District Court for the District of Arizona has updated its local rules, effective December 1, 2012. The court has provided a summary of rule amendments, which also appears on pages 3 and 4 of the updated local rules. Notable changes include:
- Rule 12.1: Motions to Dismiss. This rule now expressly states that if at least one of the grounds for dismissal is a lack of jurisdiction, then a longer response/briefing period applies.
- Rule 15.1: Amended Pleadings. This rule now requires the filer of an amended pleading to file a separate notice of the filing along with a "redline" version of the amended pleading affecting changes to the original.
- Rule 42.1: Related Cases; Consolidation; Service; Assignment. This rule now:
- sets out a filing procedure for motions to transfer and motions to consolidate;
- allows any party in a case subject to transfer or consolidation to file a response; and
- allows for reassignment from one judge to another under certain circumstances.
Central District of California
The US District Court for the Central District of California has updated its local civil rules and local criminal rules, effective December 1, 2012. To view changes, see the blacklined version of the local civil rules, and the blacklined version of the local criminal rules.
District of Utah
The US District Court for the District of Utah updated its local rules, effective December 1, 2012. The updated local rules deleted Local Civil Rule 74-1: Appeal of Magistrate Judge Orders and Judgments in Civil Matters. Other amended local rules, for which the court provided blacklined revisions, include:
- Local Civil Rule 5-2: Filing Cases and Documents under Court Seal now mandates additional requirements for filing material under seal, and provides for subsequent filing of redacted versions of sealed documents.
- Local Civil Rule 7-1: Motions and Memoranda now states that motions and memoranda of support should be filed as one single document.
- Local Civil Rule 15-1: Amended Complaints is newly enacted, and states that a party must first move to file an amended complaint, and attach the proposed amended complaint to the motion.
- Local Civil Rule 26-2: Standard Protective Order and Stays of Depositions facilitates the discovery process by ensuring that discovery can continue in the absence of a case-specific protective order by providing a standard protective order.
- Local Civil Rule 56-1: Summary Judgment: Motions and Memoranda has been updated extensively. The re-written rule clearly states what sections are needed in a motion for summary judgment and an opposition motion, and what statements must be included.
- Local Civil Rule 83-1.1: Attorneys Admission to Practice now clarifies rule surrounding Federal Public Defenders, and the fact that a judge may revoke a pro hac vice admission for good cause.
- Local Criminal Rule 11-1: Plea Agreements now requires that plea agreements be filed with a sealed "plea supplement."
- Local Criminal Rule 57-15: Magistrate Judge Authority in Criminal Cases has been amended to reflect current practice.
Eastern District of Washington
- The US District Court for the Eastern District of Washington has updated its Administrative Procedures for Electronic Case Filing: Civil Cases, effective December 5, 2012. The change reflects that, under Procedures II(A)(4)(b) and II(B)(3), attorneys will now have electronic access to sealed documents that they file.
- The Eastern District of Washington has also updated its Administrative Procedures for Electronic Case Filing: Criminal Cases, effective December 5, 2012. The change reflects that, under Procedures II(A)(2)(b) and II(B)(3) attorneys will now have electronic access to sealed documents that they file.
Western District of Washington
The US District Court for the Western District of Washington updated its local civil rules, effective December 1, 2012. The updated rules incorporate the local general rules, which govern attorneys and court business functions, into the local civil rules. To view changes made to the local rules, see the blacklined version. The court also reminds users to pay special attention to Local Rule 7: Form and Scheduling of Motions.
District of Colorado
The US District Court for the District of Colorado released a new version of its local rules, effective December 1, 2012. The court has provided a red-lined / strikeout version of the rules. Notably, the Court added Local Civil Rule 1.1(I): Pilot Projects, which explains that the court may adopt or implement pilot programs or special projects by special order.
District of Wyoming
The US District Court for the District of Wyoming has released a new Civil Cover Sheet, for CM/ECF version 5.1.1, effective December 8, 2012.
Southern District of Florida
The US District Court for the Southern District of Florida has updated its CM/ECF procedures, effective December 1, 2012. Notable changes include:
- Section 3H(7): Filings May Not Be Submitted on CD, DCD, Casette, or VHS Tape. This section has been added.
- Section 3H(8): Documents Written in Foreign Languages Must Be Accompanied by a Translation. This section has been added.
- Section 3L(1): Making a Docket Entry. This section has been modified to clarify the location of docket event categories on the Court's website.
- Section 3L(2): Describing an Attachment to a Docket Entry. This section has been added to provide instructions on describing an attachment in a docket entry.