Login information:

February 9, 2010
9:30 a.m. PT (12:30 p.m. ET)
Web Login: https://www2.gotomeeting.com/register/429657138
Dial In: (712) 775-7000, Access Code 502597#

Login information:

January 12, 2009
9:30 a.m. PT (12:30 p.m. ET)
Web Login: https://www2.gotomeeting.com/register/616899986
Dial In: (712) 775-7000 (712) 775-7000 , Access Code 502597#

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.)

About SmartRules™
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.
For more information on SmartRules™, call (866) 877-3770, or email sales@smartrules.com.
For suggestions about the SmartRules update, please email editors@smartrules.com.

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.)

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).