United States Court of Appeals, 5th Circuit, Proposes Amendments to Local Rules

The 5th Circuit Court of Appeals has proposed changes to its local rules.  The court offers for public comment four categories of changes:

• Amendments to time deadlines to comply with the proposed December 1, 2009 amendments to the FED. R. APP. P.
• Replacing the word “shall” with “will” to be consistent with the previous linguistic preference in the FED. R. APP. P.
• Modifications to our attorney admissions requirements, (Rule 46.1); and an updated reference to the May 2008, 5th Circuit Judicial Misconduct Rules, in Rule 47.9.
• 4. Addition of rules governing electronic case filing.

Comments must be received by August 10, 2009.  Click here for the full text of the proposals.

For the current version of all civil practice rules in the Fifth Circuit, please see the SmartRules Codes, Courts and Forms coverage for the Fifth Circuit Court of Appeals.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Amendments to Federal Rules of Civil Procedure Effective December 1, 2009

Effective December 1, 2009, there will be time computation and other amendments to the Federal Rules of Civil Procedure.  For a full description of the changes, please see the following posts from the SmartRules Blog:

• Computation of Time and Calculating Deadlines: Changes to Federal Rules Effective December 1, 2009
• Non-Time-Computation Amendments to Federal Rules of Civil Procedure Effective December 1, 2009
• Time Calculation Changes to FRCP–Memorandum to USDC Chief Judges
• Changes to FRCP 26 and 56–Report Re Meeting of April 2009

For up to date information on civil litigation procedures in the United States District Courts, please see the SmartRules Federal Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Amendments to Federal Rules of Civil Procedure Effective December 1, 2010

Proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure, including Civil Rules 26 and 56 have been posted.  The comment period has passed.  For more information, click here.

For up to date information on civil litigation procedures in the United States District Courts, please see the SmartRules Federal Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Arizona Mohave and Yavapai County Superior Courts Amend Local Rules

Effective January 1, 2010, Mohave County Superior Court will amend its Local Rules of Practice.
Effective July 1, 2009, the Yavapai County Superior Court  amended Local Rule 12.

The full text of the amended rules is available by clicking here.

For the current version of all statewide and local civil practice rules in the Arizona Superior Courts, please see SmartRules Codes, Courts and Forms coverage for Arizona.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

California Central District Proposes Amendments Local Civil Rules

The United States District Court for the Central District of California has adopted, subject to public comment, revisions to the following Local Rules:

Civil: Notice requirement for motions (6-1, 7-3, 7-8, 7-9, 7-10, 7-11); Bill of Costs (54-4.1, 54-4.6, 54-4.9, 54-4.11); Magistrate Judge Pilot Program (73-2.4.1, 73-2.4.1.1, 73-2.4.2); Attorney Admission and Discipline (83-2.2.1, 83-3.1, 83-3.1.1, 83-3.1.3, 83-3.1.4, 83-3.1.6, 83-3.2.1, 83-3.2.2, 83-3.2.3, 83-3.2.4, 83-3.2.6);

Admiralty and Maritime Claims: E.12.(a), E.13.(d), E.14.(f);

Criminal: 7-2, 46-3.4.

All comments must be made in writing and submitted no later than August 14, 2009. Comments should be mailed or delivered to:

Terry Nafisi
District Court Executive and Clerk of Court
312 N. Spring Street, Room G-8
Los Angeles, California 90012

For the full text of the proposed amendments please click here.

Additionally, Effective June 1, 2009, the following Local Civil Rules have been amended to reflect the renumbering of the Federal Rules of Civil Procedure Code sections cited in those local rules: 16-2.3, 16-2.4, and 16-6.1. No text has been changed.  More information is available by clicking here.

For up to date information regarding civil litigation practice in the Central District of California, please consult the SmartRules California Central District Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

California Superior Courts—Amendments Effective July 1, 2009

The changes to the local rules in the California Superior Courts effective July 1, 2009 are available to the public on www.smartrules.com.  The updated California Superior Court SmartRules Guides are available on www.smartrules.com.

For up to date information regarding civil litigation practice in the California Superior Courts, please consult the SmartRules California Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

California Superior Court Enacts California Discovery Act

On June 29, 2009, California enacted its Electronic Discovery Act.  The legislation largely follows the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, but differs somewhat in its treatment of inaccessible information and in its safe harbor provisions.

The SmartRules Guides include all new and amended California Code of Civil Procedure provisions.  To see the new California Discovery Act provisions in action please visit the following California SmartRules Guides:  Request for Production, Response to Request for Production, Motion to Compel Discovery, Motion for Discovery Sanctions, Motion for Protective Order.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

California Superior Court, Sacramento County–Changes to Law and Motion Procedure

All document filing for Law & Motion is now handled at the Downtown Courthouse, 720 9th Street in Room 102, at the Civil customer service counters. Public service will no longer be available at the Law & Motion customer service counters after this date.  Law & Motion hearings will continue to be held at 800 9th Street in Departments 53 and 54. For a detailed notice of the changes, download the Changes to Law & Motion handout.

Formal changes to the Local Rules are pending. The proposed changes are available by clicking here.

For up to date information on civil practice in the Sacramento County Superior Court, please consult the SmartRules Sacramento County Superior Court Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Connecticut State Court Amends Practice Book

Connecticut state court will amend its Practice Book effective January 1, 2010, except the revisions to Practice Book Section 13-4, which will become effective on September 1, 2009.  For more information please see:  http://www.jud.ct.gov/pb.htm.

For up to date information on practice in the Connecticut Superior Court, please consult the SmartRules Connecticut Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Delaware Amends Court of Chancery Rules

Effective August 1, 2009, the Delaware Court of Chancery amends Rules 174 (Designated Mediator’s Compensation).   Effective June 4, 2009, the Court of Chancery amended Rules 3 and 173.

For more information please see:  http://courts.state.de.us/Rules/.

For up to date information on practice in the Connecticut Superior Court, please consult the SmartRules Delaware Court of Chancery Guides.   (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Georgia Northern District Proposes Changes to Local Rule

The United States District Court for the Northern District of Georgia is proposing changes to Local Rule
83.9 – Administrative Appeals.

The full text of the proposed amended rule is available by clicking here.

For up to date information on practice in the Northern District of Georgia, please consult the SmartRules Northern District of Georgia Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Idaho District Court (State Trial Court) Amends Statewide Civil Rules

Effective July 1, 2009, the Idaho Supreme Court ordered the repeal of Idaho Rule of Civil Procedure (I.R.C.P.) 28(E), and the adoption of Rules 45(I), 45(I)(1), 45(I)(2), 45(I)(3), 45(I)(4), 45(I)(5) And 45(I)(6), and the amendment of Rule 83(A) .  For more information please see:  http://www.isc.idaho.gov/rulesamd.htm

For the current version of all statewide and local civil practice rules in Idaho District Court, please see SmartRules Codes, Courts and Forms coverage for Idaho.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Illinois Northern District Proposes Amendments to Local Rules

The United States District Court for the Northern District of Illinois has proposed amendments to its Civil Local Rules 5.2, Form and Documents Filed, and 83.16, Appearance Forms.

Regarding Rule 5.2, the proposed changes would add a new subsection (b) entitled “Redaction of Transcripts Filed Electronically.”  The subsections following (b) would be renumbered.  For the full text of the proposed revisions please see Proposed Revisions to Rule 5.2.
Regarding Rule 83.16, Appearance Forms, the proposed revisions are to subsection (b), “Who Must File.”  For the full text of the proposed revisions please see Proposed Revisions to Rule 83.16.
For up to date information regarding practice in the Northern District of Illinois, please consult the SmartRules Guides for the Northern District of Illinois.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Illinois Circuit Court Amends Statewide Rules, Lake County Amends Local Rule

Effective January 1, 2010, the provisions of the Illinois Rules of Professional Conduct will be repealed and replaced.  The full text of the amended rules is available by clicking here.

Effective January 1, 2010, Supreme Court Rule 751, Attorney Registration and Disciplinary Commission, will be amended.   The full text of the amended rule is available by clicking here.

Effective June 30, 2009, the Nineteenth Judicial Circuit (Lake County) amended Rule 1.02, CHIEF JUDGE.  The full text of the amended rule is available by clicking here.

For up to date information regarding practice in the Illinois Circuit Courts, please consult the SmartRules Codes, Courts and Forms coverage for Illinois.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Michigan Circuit Court Amends Court Rules

Effective September 1, 2009, Michigan Circuit Court will amend Rule 2.511 of the Michigan Rules of Civil Procedure. More information is available by clicking here.
For the current version of all statewide and local civil practice rules in Michigan Circuit Court, please see SmartRules Codes, Courts and Forms coverage for Michigan.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Nevada District Court (state trial court) Amends Rules of Civil Procedure 4 and 54

Effective May 1, 2009, the Nevada Supreme Court entered orders amending Nevada Rules of Civil Procedure 4(d)(previously amended effective December 17, 2008) and 54 (previously amended effective July 8, 2008). For the full text of the amended rules please see:  Order Amending Nevada Rule of Civil Procedure 4(d) and Order Amending Nevada Rule of Civil Procedure 54.

For up to date information regarding practice in the Nevada District Court, please consult the SmartRules Guides for Nevada.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

New Jersey State Court Amends Civil Rules

Effective September 1, 2009, the New Jersey Courts will amend their statewide rules.  For more information please click here.

For up to date information regarding civil litigation practice in New Jersey Superior Court, please consult the SmartRules New Jersey Superior Court Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

New York Eastern District Amends Local Rule

Effective July 7, 2009, the U.S. District Court for the Eastern District of New York amended Local Rule 83.11(f) (1) Services of Mediators.  For the full text of the amended rule, click here.

For up to date information regarding civil litigation practice in the Eastern District of New York, please consult the SmartRules New York Eastern District Guides.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Pennsylvania Court of Common Pleas, Allegheny County Amends Local Rules

Effective for the cases published in January 2009 for the May 2009 trial list, Allegheny County amended Local Rules 212.2 and 220.1. More information is available by clicking here.

For up to date information regarding civil litigation practice in the Allegheny County Court of Common Pleas, please consult the SmartRules Guides for the Allegheny County Court of Common Pleas.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Texas Northern District Amends Local Rules

Effective September 1, 2009 unless modified after receipt of public comment, the United States District Court for the Northern District of Texas will amend its local civil and criminal rules. The deadline for comment has passed.  More information is available by clicking here.

For up to date information regarding civil litigation practice in the Northern District of Texas, please consult the SmartRules Guides for the Northern District of Texas.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Texas Supreme Court Approves Amendments to Local Rules for the Second Court of Appeals, Fax and E-Filing Rules for the 259th District, and E-filing Rules for Chambers County

Approval of Amendments to the Local Rules for the Second Court of Appeals – Effective June 8, 2009
Approval of Local Facsimile E-Filing Rules in the 259th District Court of Jones and Shackleford Counties – Effective June 15, 2009; and
Approval of Local E-Filing Rules for the District Courts of Chambers County – Effective June 15, 2009.

For the current version of all statewide and local civil practice rules in the Texas Courts, please see SmartRules Codes, Courts and Forms coverage for Texas.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Virginia Eastern District Amends Electronic Filing Manual

Effective July 8, 2009, the United States District Court for the Eastern District of Virginia amended its Electronic Filing Manual.  For the amended version of the manual please click here.

For up to date information regarding electronic filing in the Eastern District of Virginia, please consult the SmartRules Filing Documents Guide for the Eastern District of Virginia.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)

Virginia Circuit Court (State Trial Court) Amends Local Rules

Effective July 1, 2009, the Virginia Circuit Court amended the following Virginia Rules of Court:

Rule 4:5 Depositions Upon Oral Examination;
Rule 4:9 Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land; for Inspection and Other Purposes; Production at Trial;
Rule 5:7B Petition for a Writ of Actual Innocence; and
Rule 8:3 Contents of Petitions in Certain Proceedings.

Click here for the full text of the amended rules.

For up to date information regarding civil litigation practice in the Virginia Circuit Courts, please consult the  SmartRules Guides for Fairfax, Norfolk and Richmond County Circuit Courts.  (If your firm has an account, access SmartRules in the usual manner—in most cases by clicking the SmartRules link on your desktop or intranet.)