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.  There are four categories of changes:

1. Amendments to time deadlines to comply with the proposed December 1, 2009 amendments to the FED. R. APP. P.
2. Replacing the word “shall” with “will” to be consistent with the previous linguistic preference in the FED. R. APP. P.
3. 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.

The comment period has passed.  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 to 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.

The comment period has passed.  For the full text of the proposed amendments please click 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 Eastern District Proposes Amendments to Local Rules

The United States District Court for the Eastern District of California has posted proposed amendments to its local rules. For more information, please click here.

For up to date information regarding civil litigation practice in the Eastern District of California, please consult the SmartRules California 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.)

California Southern District Proposes Amendments to Local Rules

The United States District Court for the Southern District of California has posted proposed amendments to its local rules.  Comments are due by November 15, 2009.  For more information please click here.

For up to date information regarding civil litigation practice in the Southern District of California, please consult the SmartRules California Southern 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 Propose Amendments to Local Civil Rules Effective January 1, 2010

The following California Superior Courts have posted proposed amendments to their local rules effective January 1, 2010:

• Alameda County
• Los Angeles County
• Orange County
• Riverside County
• San Bernardino County
• San Diego County
• San Mateo County
• Santa Clara County
• Ventura County

The changes to the local rules in the California Superior Courts will be effective January 1, 2010, and the updated California Superior Court SmartRules Guides, will be available to the public 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 Mandatory Closure Days

The California Superior Courts will be closed to the public on the third Wednesday of each month due to a mandatory statewide closure.  These closure days will be treated as holidays for the purposes of scheduling hearings and calculating filing deadlines.  Check your court’s website for more detailed information regarding the closings and hearings, tentative rulings and other scheduling matters.

Current Mandated Closure Days

• October 21, 2009
• November 18, 2009
• December 16, 2009
• January 20, 2010
• February 17, 2010
• March 17, 2010
• April 21, 2010
• May 19, 2010
• June 16, 2010

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.)

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 became effective on September 1, 2009.  More information is available by clicking here.

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 amended 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 Delaware Court of Chancery, 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.)

Florida Southern District Posts Interim Local Rules

The United States District Court for the Southern District of Florida has posted interim local rules effective from December 1, 2009 to April 15, 2010.  Please click here for more information.

For up to date information on practice in the Southern District of Florida, please consult the SmartRules Florida Southern 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.)

Florida Southern Bankruptcy Court Proposes Amendments to Local Rules

The United States Bankruptcy Court for the Southern District of Florida has posted proposed amendments to its local rules.  For more information, please click here.

For the current version of all federal and local civil practice rules in the Southern District of Florida Bankruptcy Court, please see SmartRules Codes, Courts and Forms coverage for the Southern District of Florida Bankruptcy Court.  (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 Rules

The United States District Court for the Northern District of Georgia is proposing changes to its Local Rules.
For the full text of the proposed amendments please click 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.)

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

Effective January 1, 2010, 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 Illinois Circuit 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.)

Maryland Circuit Court Amends Rules of Practice and Procedure

Maryland Circuit Court (state trial court) amended its rules of Practice and Procedure effective October 1, 2009.  For more information please click here.

For up to date information on practice in the Maryland state courts, please consult the SmartRules Maryland Circuit 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.)

Michigan Circuit Court Amends Court Rules

Effective September 1, 2009, Michigan Circuit Court amended 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.)

Missouri Western Bankruptcy Court Proposes Amendments to Local Rule

The United States Bankruptcy Court for the Western District of Missouri has proposed amendments to its local rule 3094-1.  For more information, please click here.

For the current version of all federal and local practice rules in the Western District of Missouri Bankruptcy Court, please see SmartRules Codes, Courts and Forms coverage for Missouri Western District Bankruptcy Court.  (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.)

Nebraska District Court (state trial court) Invites Comments on Rules Re Mandatory Email Use

Nebraska District Court (trial court of general jurisdiction) invites comments regarding revisions to its rules regarding the mandatory use of email addresses by attorneys.  Comments are due by January 1, 2010.  For more information please click here.

For the current version of all statewide and local civil practice rules in the Nebraska District Courts, please see SmartRules Codes, Courts and Forms coverage for Nebraska District Court.  (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 Supreme Court Rule 42, Clark County Mandates E-Filing

Effective November 2, 2009, the Nevada state court will amend Supreme Court Rule 42, Practice of Attorneys Not Admitted in Nevada.  For more information please click here.

Clark County Nevada will make electronic filing mandatory effective February 1, 2010.  For more information please click here.

For up to date information regarding civil litigation practice in Nevada District Court, please consult the SmartRules Nevada District 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 Jersey State Court Amends Civil Rule 1:38-7

Effective September 22, 2009, the New Jersey Courts amended New Jersey Civil Rule 1:38-7.  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 Northern Bankruptcy Amends Administrative and CM/ECF Procedures

The United States Bankruptcy Court for the Northern District of New York amended its Administrative Orders & Procedures and CM/ECF Procedures & Instructions effective August 17, 2009.  More information is available by clicking here.

For the current version of all statewide and local civil practice rules in the New York federal courts, please see SmartRules Codes, Courts and Forms coverage for New York Northern District Bankruptcy Court.  (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 Western District Amends Local Rules

Effective September 1, 2009, the United States District Court for the Western District of Pennsylvania amended its local rules.  For the full text of the amended rules please click here.

For up to date information regarding civil litigation practice in the Western District of Pennsylvania, please consult the SmartRules Pennsylvania Western 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.)

Texas Northern District Amends Local Rules

The United States District Court for the Northern District of Texas will amend its local rules effective December 1, 2009, unless modified after receipt of public comment.  For a copy of the court’s order please click 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 Southern District Proposes Amendments to Local District and Bankruptcy Court Rules

The United States District Court for the Southern District of Texas has proposed amendments to its local district and bankruptcy court rules.  For more information please click here.

For up to date information regarding civil litigation practice in the Southern District of Texas, please consult the SmartRules Guides for the Southern 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.)