“…For example, just this week it was extremely useful in two FDIC cases…opposing counsel missed a deadline to file an opposition by 7 days per the new U.S. Central District deadlines (effective Jan. 1st), which was brought to our attention by SmartRules. It also brought to our attention that our reply brief was due 7 days earlier than in the past. This is the kind of thing that is key with respect to malpractice.”
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Associate, International Law Firm

Comments are due by July 19, 2010. 

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SmartRules™ is the navigation system for national litigators.  It gives detailed, step-by-step instructions for drafting and filing papers in state and federal courts throughout the Country.  Just specify (1) the document you are filing, and (2) your jurisdiction, and SmartRules will tell you everything you need to know to make sure your papers comply with all applicable rules, including all relevant local rules.
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Current Mandated Closure Days

September 16, 2009
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

CA CD.  No eff date indicated, comment period closed.  The changes are divided into 4 categories: Notice requirement for motions, Bill of Costs, Magistrate Judge Pilot Program, and Attorney Admission and Discipline, in all 25 rules will be revised. 

CA ED.  No eff date indicated, comment period closed Major rewrite of the civil local rules.

CA ND.  No eff date indicated, comment period closed Only Civil Rules 3-2 and 5-1 are affected. 

CA SD.  Eff Dec. 1, 2009, comments due Nov. 15, 2009 Major re-write of all civil local rules. 

GA ND.  No eff date indicated, comment period closes September 25, 2009 Major changes to civil local rules. 

IL ND.  No eff date indicated, the comment period is closed. Only rules 26.2 and 5.8 are affected. 

MD D.  Eff Dec. 1, 2009, comment period is closed. Substantial changes to civil local rules. 

TX ND.  Eff Dec. 1, 2009, comments until Oct. 5, 2009 Substantial changes to civil local rules. 

TX SD.  Eff. Dec. 1, 2009, comments until September 25, 2009 Minor changes to civil local rules. 

No Need to Panic, SmartRules Has the Answers

All of the SmartRules Guides will be updated and online on or before rules changes become effective. Even if not currently indicated, the SmartRules editorial team anticipates that the majority of United States District Courts will amend their civil local rules effective December 1, 2009, to avoid any conflicts with the Federal Rules of Civil Procedure.

Timing:

The New York Civil Practice Laws and Rules provide that an ex parte motion in a Supreme Court case may be made without notice at any motion term or to any Justice in any court in any county in the state. CPLR 2212(b). According to this rule, Supreme Court justices can provide ex parte relief on any matter, at any time, anywhere.  The Uniform Rules limit this power by providing that judges must refer ex parte applications to the judge assigned to a particular matter, unless the issue requires immediate determination. Uniform R. 202.07(e).

Ex Parte Motion Rules:

In most circumstances, all motions, including ex parte motions, must be made before the judge assigned to the matter. See Uniform R. 202.8(a).

According to custom and practice in New York, all motions must be made on notice, unless a statute or rule explicitly authorizes an ex parte motion. For example, there is an explicit ex parte statutory procedure for orders to show cause.  Other common statutory grants of authority for ex parte motions include:

Ex parte motions are permitted to seek the assistance of the court in devising a manner of service when standard methods fail. CPLR 308(5); CPLR 311(b).

The court may grant an extension of up to five (5) days time to commence the action. CPLR 304(a).

Attachment orders may be made and granted without notice. CPLR 6211.

If the required showing is made, a restraining order can be granted without notice to the opposing party. CPLR 6313.

All ex parte motions, including orders to show cause, must be accompanied by an affidavit stating the results of any prior motion for similar relief and specifying any new facts not previously shown that justify a new motion. CPLR 2217(b).

If the matter has not been assigned to an IAS judge, an ex parte motion (like any other motion) must be accompanied by a Request For Judicial Intervention (“RJI”). The moving party will receive an index number for the case from the court on filing the RJI form and must give written notice of the index number to all parties. The court will then assign the case to a judge as soon as practicable. See Uniform R. 202.8(b).

If the matter is too urgent to await judicial assignment, the filing party should inquire at the Clerk’s office for the procedure to bring his ex parte motion before a “standby” judge.

The court in a proper case may grant an order to show cause, to be served in lieu of a notice of motion, at a time and in a manner specified therein. CPLR 2214(d).

An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if there is no office of the attorney general in such county, at the office of the attorney general nearest such county. CPLR 2214(d).

In ruling on an order to show cause, the judicial officer will usually determine the time and place of its return, who will serve the order, by what method the order will be served, and the court can include a provision staying or enjoining certain acts, i.e., a temporary restraining order. A signed order to show cause is returned to the party who presented it for service according to its terms. When served, it becomes equivalent to a notice of motion.

An order on an ex parte motion is not appealable. CPLR 5701(a)(2).