The amendment to Rule 8(c) deletes “discharge in bankruptcy” from the list of affirmative defenses.

The amendments to Rule 26 apply work-product protection to draft reports by testifying expert witnesses and, with 3 exceptions, communications between them and retaining counsel. The amendments apply to witnesses who will provide expert testimony but who are not required to provide a Rule 26(a)(2)(B) report because they are not retained. Under the amended rule, the lawyer relying on such a witness must disclose the subject matter and summarize the facts and opinions that the witness is expected to offer.

The amendments to Rule 56 do not change the summary-judgment standard or burdens. The amendments require a party asserting a fact that cannot be genuinely disputed to provide a “pinpoint citation” to the record. The amendments allow a party may submit an unsworn written declaration, certificate, verification, or statement under penalty of perjury as a substitute for an affidavit. The amendments provide courts with options when an assertion of fact has not been properly supported. The amendments also set a time period, subject to variation by local rule, for a party to file a summary-judgment motion, and explicitly recognize that “partial summary judgments” may be entered.

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.)

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.

The 5th Circuit Court of Appeals has proposed changes to its local rules.  There are 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.

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 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.

Additionally, effective June 1, 2009, Local Civil Rules 16-2.3, 16-2.4, and 16-6.1 were amended to reflect the renumbering of the Federal Rules of Civil Procedure Code sections cited in those local rules. No text was 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 to Local Civil Rules Effective July 1, 2009

The changes to the local rules in the California Superior Courts effective July 1, 2009, and the updated California Superior Court SmartRules Guides, are 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 Discovery Act Effective June 29, 2009

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 California Guides include all the 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

Effective June 29, 2009, all document filing for Law & Motion will be 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 become 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.)

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.
Comments are due by September 21, 2009.  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.)

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) .  More information is available by clicking here.

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 amends 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.)

New Jersey State Court Amends Civil Rules

Effective September 1, 2009, the New Jersey Courts 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 United States 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.)

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 amends 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.  The deadline to submit comments is October 5, 2009.  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.  Comments are due by September 25, 2009.  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.)

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.)

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.)

Overview of Timing and Deadline Changes

The principal simplifying change in the amended time-computation rules is the adoption of a “days-are-days” approach.  Under the current rules, weekends and holidays are counted only if the period is 11 days or greater.  By contrast, under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.  The amended time-computation rules also address the special timing considerations that accompany electronic filing. Under the amended rules, unless a statute, local rule, or court order provides otherwise, the last day of a period for an electronic filing ends at midnight in the court’s time zone, while the last day for a paper filing ends when the clerk’s office is scheduled to close.  Further, the advisory committees concluded that virtually all short time deadlines should be extended to adjust for the effect of including intermediate weekends and holidays in calculating deadlines. Additionally, the amended rules use 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.

Description of Specific Changes

The 1-day period in Rule 6(c)(2) becomes seven days. The adjustment would extend the time for a party to serve any affidavit opposing a motion to seven days before a hearing.

The 1-day period in Rule 54(d) becomes 14 days. The increased time period corrects an unrealistic short time period for the clerk to give notice before taxing costs.

The 3-day period in Rule 55 becomes 7 days.

5-day periods in Rules 32, 54, and 81 become 7 days.

The 5-day period in Rule 6(c)(1) becomes 14 days. The adjustment extends the time for a party to serve a written motion and notice of hearing before the scheduled hearing date.

10-day periods in Rules 12, 14, 15, 23, 38, 59(c), 62, 65, 68, 72, 81, and Supplemental Rule C become 14 days.

10-day periods in Rules 50, 52, and 59(b), (d), and (e) become 28-day periods. The adjustment extends the present inadequate time allowed to prepare and file postjudgment motions.
.
The less-than-11-day period in Rule 32 becomes less than 14 days.

20-day periods in Rules 12, 15, 27, 53, 71.1, 81, Forms 3, 4, and 60, and Supplemental Rules B, C and G become 21 days.

Rule 6(b)’s reference to provisions for extending the times set by enumerated provisions in Rules 50, 52, 59, and 60, and Rule 59(c)’s reference to a 20-day extension are eliminated.

The timing provisions in Rules 56(a) and (c) are replaced by new provisions that recognize authority to set deadlines for summary-judgment motions by local rule or by court order and, in default of a local rule or court order, that allow a motion to be made at any time until 30 days after the close of all discovery. The new provisions also establish default times for response and reply.

No Need to Panic, SmartRules Has the Answers

All of the SmartRules Guides will be updated and online on or before December 1, 2009 citing to the new and current version of the Federal Rules of Civil Procedure.

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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.
• Addition of rules governing electronic case filing.

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

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

Additional Proposed Amendments to Federal Rules of Civil Procedure Posted

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 please see http://www.uscourts.gov/rules/newrules1.htm.

California Central District Amends Local Civil Rules

The United States District Court for the Central District of California adopted Local Civil Rules 11-3.8, 83-2.3 and 83-2.8, effective April 1, 2009 and Local Civil Rules 8-3 and 73-2.4.1 effective February 16, 2009.  The Central District also posted new Local Civil Rules 73-2.4.1.1 and 73-3 effective February 16, 2009.  The full text of the new and amended rules is available at:  http://www.cacd.uscourts.gov/cacd/notices.nsf/5a76d63503298120882567cf0058ef
b4/014526934e8a1e5a88257558005a3523?OpenDocument.

California Superior Courts–Changes to Local Rules Approved by Judicial Council

The changes to the local rules in the California Superior Courts have been approved by the California Judicial Council.  The amended local rules will be available to the public on www.smartrules.com and the courts’ websites on or before July 1, 2009, and were previously provided to the SmartRules editorial team.  The updated California Superior Court SmartRules Guides are available on www.smartrules.com.

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

Effective Monday, June 29, 2009, all document filing for Law & Motion will be 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.

Connecticut State Court Considers Amendments to Practice Book

There was a Public Hearing on Practice Book Revisions being considered by the Rules Committee of the Superior Court on June 1, 2009 at 10:00 am.  Detailed information and actual text to proposed rules are available at http://www.jud.ct.gov/pb.htm.

Florida Southern District Amends Local Civil Rules and Discovery Practices Handbook

Effective April 15, 2009, the United States District Court for the Southern District of Florida amended its local civil rules, including rules 5.1, 7.1, 16.2, 26.1, 87.4, 88.3 and the Discovery Practices Handbook.  The complete text of the amended rules is available at http://www.flsd.uscourts.gov/default.asp?file=adminorders.asp.

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

Effective July 1, 2009, the Idaho Supreme Court will repeal 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) .  More information is available at http://www.isc.idaho.gov/rulesamd.htm.

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..

Michigan State Court Amends Court Rules

Effective January 1, 2009, Michigan state court amended Rules 2.302, 2.310, 2.313, 2.401, 2.506 and 2.107 of the Michigan Court Rules; and effective May 1, 2009, Rules 2.614 , 2.112 and 2.403.  More information is available at http://courts.michigan.gov/supremecourt/Resources/Administrative/index.htm.

Nevada State 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.

New Mexico State Court Considers Amendments to Subpoena Rules

The New Mexico State Court is considering proposed amendments to Subpoena rules. For more information please see:  http://nmsupremecourt.nmcourts.gov/rules/index.php.

New York Supreme Court –Amendment to Uniform Rule

New York Uniform Rule Section 202.12(l) was amended effective April 13, 2009. The full text of the amended rule is available at:  http://nycourts.gov/rules/trialcourts/202.shtml#12.

Pennsylvania State Court, Allegheny County Amends Local Rules

Effective for the cases published in January 2009 for the May 2009 trial list, Allegheny County amends Local Rules 212.2 and 220.1. More information is available at http://www.alleghenycourts.us/civil/civil_court_rules.asp

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.  More information is available at:  http://www.txnd.uscourts.gov/index.html.

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, 200

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.

Virginia Eastern District Amends ECF Policies and Procedures, Makes Transcripts Available Electronically, Proposes Amendments to Local Rules

The United States District Court for the Eastern District of Virginia amended its Electronic Case Filing Policies and Procedures Manual effective March 1, 2009.  The amended text of the amended Manual is available at http://www.vaed.uscourts.gov/ecf/index.html.  Also effective March 1, 2009, court transcripts that are transcribed for any trial or hearing in an electronic case will be available electronically. To ensure that personal identifiers are not revealed, the Judicial Conference has approved a policy to allow for redaction of personal identifiers.  More information is available at http://www.vaed.uscourts.gov/ecf/index.html.

Additionally, effective May 12, 2009, the Eastern District of Virginia amended Local Civil Rule 80 and Local Criminal Rule 57.3.

Virginia Circuit Court (State Trial Court) Amends Local Rules

Effective July 1, 2009, the Virginia Circuit Court will amend 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.

Also, please see the SmartRules Guides for Fairfax, Norfolk and Richmond County Circuit Courts.

Timing: 

A defendant may serve a deposition notice without leave of court at any time. CCP § 2025.210.

A plaintiff may serve a deposition notice without leave of court at any time after twenty (20) days after service of the summons on, or appearance by, any defendant. However, on motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. CCP § 2025.210.

An oral deposition shall be scheduled for a date at least ten (10) days after service of the deposition notice. If, as defined in Code of Civil Procedure § 1985.3(a), the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer, the deposition shall be scheduled for a date at least twenty (20) days after issuance of that subpoena.

However, in unlawful detainer actions, an oral deposition shall be scheduled for a date at least five (5) days after service of the deposition notice, but not later than five days before trial.

On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition, or may stay its taking until the determination of a motion for a protective order. CCP § 2025.270.

A party served with a deposition notice waives any objections to the notice unless a written objection is served on the noticing party within three (3) calendar days of the date scheduled for the deposition. The objections must be personally served if served exactly three (3) days before the deposition. CCP § 2025.410.

 Notice of Deposition Rules:

If the deponent is a natural person or an organization that is a party to the action, the deposition must be taken within seventy-five (75) miles of the deponent’s residence or principal place of business in California, or within the county where the action is pending and within 150 miles of the residence or principal place of business. If the deponent is a non-party organization, the deposition must take place within seventy-five (75) miles of the organization’s principal business office in California, unless the organization consents to a different location. CCP § 2025.250.

Where, as defined in Code of Civil Procedure Section 1985.3(a), the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer, the subpoenaing party shall serve on that consumer (1) a notice of the deposition, (2) the notice of privacy rights specified in Code of Civil Procedure Sections 1985.3 and 1985.6, and (3) a copy of the deposition subpoena. CCP § 2025.240.

Where the consumer or employee is the subpoenaing party and the subject of the records subpoenaed, no notice to consumer or employee is required. CCP § 1985.3(l); CCP § 1985.6(k).

A party may obtain copies of business records from a non-party by serving a subpoena for business records on the custodian of records. CCP § 2020.410.

A copy of the business records subpoena must be served on all parties to the action. CCP § 2025.240.

Any party may take an oral deposition by telephone, videoconference or other remote electronic means, provided, among other things, that notice is served with the notice of deposition or the subpoena.  CRC 3.1010(a)(1) (renumbered eff 1/1/07).

Stipulations regarding depositions are not filed with the court unless relevant to a particular proceeding. The deposing party must retain any stipulation. CRC 3.250(a) and (b) (renumbered eff 1/1/07).

Unless the court orders otherwise, the parties may by written stipulation modify the procedures for discovery provided by the Code of Civil Procedure. CCP § 2016.030.

A party served with a deposition notice waives any objections to the notice unless a written objection is served on the noticing party within three (3) days of the date scheduled for the deposition. The objections must be personally served if served exactly three (3) days before the deposition. CCP § 2025.410.

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers. No trial court shall enact or enforce any local rules concerning these fields and all such local rules are null and void as of July 1, 2000. unless otherwise permitted or required by a statute or California Rule of Court.  CRC 3.20 (renumbered and amended eff 1/1/07).

The deposition of an organization is treated as one deposition even though more than one person may be required to testify pursuant to Code Civ. Proc. § 2025.230. CCP § 94(b).

A deposition notice must state the date, time and address where the deposition will take place, the deponent’s name, and if not a party to the action, the deponent’s address and telephone number. If the deponent’s name is not known, the notice should contain a description sufficient to identify the person or class to which the person belongs.

The notice must also describe with particularity any materials or category of materials to be produced by the deponent.

The notice must state any intention to record the testimony by audio or video technology in addition to the stenographic method, and any intention to record the testimony by stenographic method through the instant visual display of the testimony. The notice must indicate if the deposing party reserves the right to use at trial the videotape deposition of a treating physician or expert witness.

If the deponent is not a natural person, the notice must describe the matters on which examination is requested with reasonable particularity. CCP § 2025.220.

The deposition notice or its accompanying proof of service must list all parties to whom notice of the deposition was given. CCP § 2025.240.

If the deponent is a nonparty witness compelled by subpoena, the deposition notice must include a copy of the subpoena. CCP § 2025.240.

 A notice of deposition must be served on all parties who have appeared in the action. CCP § 2025.240.

A deposition notice is not filed with the court unless relevant to a particular proceeding. The deposing party retains the original notice with proof of service. CRC 3.250 (renumbered eff 1/1/07).

 The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.