New Rule of Evidence 502 Adopted by Senate, Proposed Amendments to Federal Rules of Civil Procedure Posted

As of February 27, 2008, new Federal Rule of Evidence 502 re attorney client and attorney work product privileges has been adopted by the United States Senate.  The legislation has now moved to House for consideration.
Regarding the effective date once the legislation passes both houses of Congress, the adopting legislation (S. 2450) states that:  “The amendments made by this Act shall apply in all proceedings commenced after the date of enactment of this Act and, insofar as is just and practicable, in all proceedings pending on such date of enactment.”  We will keep you posted with any available information regarding the effective date.
Proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure have been posted.  The comment period has ended.  For more information please see http://www.uscourts.gov/rules/newrules1.htm.

California Central District Amends Local Rules

Effective April 1, 2008, the United States District Court for the Central District of California adopted the following amended Local Civil Rules:
L.R. 37-2.2 Preparation of Joint Stipulation
L.R. 65-10 Bonds or Undertakings - Cash Deposit
L.R. 79-5.1 Filing Under Seal - Procedures
L.R. 83-2.7 Notification of Attorney Change of Name, Address, Firm Association, Telephone Number, Facsimile Number or E-Mail Address
For more information please see http://www.cacd.uscourts.gov/cacd/notices.nsf/5a76d63503298120882567cf0058efb4/
0e400bb5cf1c32a3882573e8006935e4?OpenDocument.

California Northern District Amends Bankruptcy Local Rules

The United States District Court for the Northern District of California has approved revisions of Civil Local Rule 16-4, Procedure in Bankruptcy Appeals, and the Bankruptcy Local Rules. The revisions govern civil cases filed on or after May 1, 2008 and bankruptcy cases pending on that date, except to the extent the Bankruptcy Court determines that such application would materially prejudice the rights of a party (in which event the prior version of the rules shall continue to apply).  The revised Bankruptcy Local Rules are available at the Local Rules section of the Court’s Internet site: http://www.cand.uscourts.gov.

California Superior Courts and Judicial Council Post Proposed Revisions to Local Rules and California Rules of Court

Most California superior courts revise their local rules twice a year, effective July 1 and January 1.  Most counties also post proposed revisions some months in advance for public comment.  The following counties have posted proposed revisions effective July 1, 2008.
Alameda:  http://www.alameda.courts.ca.gov/courts/rules/InvitationToComment.shtml.
Contra Costa:  The Court clerk has provided a copy of the proposed revisions to SmartRules.  If you are interested in a copy please contact the SmartRules editorial team.
Los Angeles:  http://www.lasuperiorcourt.org/civil/.
Orange:   http://www.occourts.org/home/ccrules/1ccrtabl.asp.
Riverside:   The Court clerk has provided a copy of the proposed revisions to SmartRules.  If you are interested in a copy please contact the SmartRules editorial team.
San Bernardino:  http://www.co.san-bernardino.ca.us/Courts/pdfs/misc/proposedrules.pdf.
San Francisco: http://sfgov.org/site/courts_page.asp?id=4488.
San Mateo:  http://www.sanmateocourt.org/news/news/2008/040308.pdf.
Santa Clara:  http://www.sccsuperiorcourt.org/rules/rules.htm.
Ventura:  http://www.ventura.courts.ca.gov/index.htm.
California Rules of Court:  http://www.courtinfo.ca.gov/invitationstocomment/index.htm#civil.

Florida Southern District Amends Local Rules

Effective April 15, 2008, the United States District Court for the Southern District of Florida amended its local rules.  For the full text of the amended rules please see http://www.flsd.uscourts.gov/.

Northern District of Illinois Amends Local Rule Regarding Removal

The United States District Court for the Northern District of Illinois has amended its local rule 81.2, Removals, Remands of Removals.  For more information please see:  http://www.ilnd.uscourts.gov/LEGAL/CHGTORULES/CHGTORULES.HTM.

Illinois State Court Amends Civil Rules

Effective July 1, 2008, the Illinois Supreme Court will amend its Rules 343, 716 and 756. For the full redlined text of the amended rules please see http://www.state.il.us/court/SupremeCourt/Rules/Amend/2008/032608.pdf.

Maine State Court Amends Rules of Civil Procedure

Effective June 1, 2008, the Maine State Court will amend its Rules of Civil Procedure.  For more information, please see http://www.courts.state.me.us/news/index.shtml.

Massachusetts State Court Amends Rules of Civil Procedure

Effective March 1, 2008, the Massachusetts State Court made changes to its Rules of Civil Procedure.  This includes a change to Rule of Civil Procedure 26(b)(5), incorporated on April 1, 2008.  For more information and full text of the amended rule, please see http://www.lawlib.state.ma.us/civrules.html.

Mississippi Amends Rules of Civil Procedure

Effective July 1, 2008, the Supreme Court of Mississippi will incorporate an amendment to Rule of Civil Procedure 60, Relief from Judgment or Order.  For more information please see http://www.mssc.state.ms.us/rules/ruleamendments/ruleamendments.html

New York Eastern District Adds Administrative Order

The United States District Court for the Eastern District of New York added Administrative Order 08-5, scheduling in social security cases, effective April 1, 2008.  For the full text of the new Order please see http://www.nyed.uscourts.gov/Whats%20New/what_s_new.html.

New York Eastern and Southern Districts Approve Amended Local Rule 7.1

Effective April 11, 2008, the Board of Judges adopted Proposed New Local Rules 7.1(b) and 7.1(c) for the United States District Courts for the Eastern and Southern Districts of New York.  For more information please see http://www.nyed.uscourts.gov/index.cfm.

Ohio State Court Proposes Revisions to Appellate, Civil and Criminal Rules, Cuyahoga County Amends Local Rule 23

Ohio State Court has posted proposed amendments to its state court rules as follows:
Ohio Rules of Appellate Procedure (21, 22, 25.1, and 43)
Ohio Rules of Civil Procedure (4, 16, 26, 33, 34, 36, 37, 45, and 86)
Ohio Rules of Criminal Procedure (10, 24, 43, and 59)
The full text of the proposed amendments can be viewed at http://www.sconet.state.oh.us/Rules/.  If adopted, and after a review and discussion process, the changes will take effect on July 1, 2008.
Effective April 14, 2008, the Cuyahoga County Court of Common Pleas amended its Local Rule 23, re criminal case management.  For the full text of the amended rule please see http://cp.cuyahogacounty.us/internet/ID-1-Type-Amend-news.aspx.

Pennsylvania State Court Proposes Revision to Rule of Civil Procedure 240 Re In Forma Pauperis

The Pennsylvania Unified Judicial System has posted a proposed amendment to Pennsylvania Rule of Civil Procedure 240 Re in Forma Pauperis.  The comment period has ended.  For more information, please see http://origin-www.aopc.org/Index/supctcmtes/civilrulescmte/indexcivilrules.asp.

South Carolina District Court Amends Rules of Discipline

The United States District Court for the District of South Carolina has posted proposed revisions to its Rules of Disciplinary Enforcement and related rules.  For a complete version of the proposed rules please see http://www.scd.uscourts.gov/navtop/whatsnew.asp.

Texas Eastern District Amends Local Rules

Effective May 19, 2008, the Eastern District of Texas will amend its local rules 5.2, 10, 49.1 and abolished Rule 80 immediately.  For more information please see http://www.txed.uscourts.gov/Rules/GeneralOrders/2008/GO-08-08.pdf

Texas Northern District Considers Amendments to Local Civil and Criminal Rules

The United States District Court for the Northern District of Texas is accepting public comments on proposed amendments to its Civil and Criminal Rules until June 2, 2008.  Unless modified after receipt of public comment, these rules will take effect on September 1, 2008.
The following local civil rules are proposed to be amended: LR 1.1(f), 3.1, 4.1, 5.1(b), 5.1(d), 5.1(e), 7.4, 11.1(d), 15.1, 77.1(a), 79.1(a), 79.3, 79.4, 81.1, 81.2, and 83.13.  The following local civil rules are proposed to be added: LR 1.1(g), 3.2, 5.1(f), and 6.1.

The following local criminal rules are proposed to be amended: LCrR 1.1(f), 49.1, 49.2(b), 49.2(f),  49.5(d), 55.1(a), 55.3, 55.4, and 57.13.  The following local criminal rules are proposed to be added: LCrR 1.1(g), 45.1, and 49.2(g).
For more information please see http://www.txnd.uscourts.gov/index.html

Fifth Circuit Court of Appeals Amends Local Rules

Effective April 1, 2008, the Fifth Circuit Court of Appeals amended its Local Rules 27.3 re Emergency Motions in Other Than Capital Cases, 27.3.1, Emergency Stays of Deportation and 27.4 Form of Motions.  For the complete text of the amended rules please see http://www.txwd.uscourts.gov/.

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