New Rule of Evidence 502 Adopted, Proposed Amendments to Federal Rules of Civil Procedure Posted
As of February 27, 2008, new Federal Rule of Evidence 502 re attorney client and attorney work product privileges was adopted. Regarding the effective date, the adopting legislation (S. 2450) states that: “The amendments made by this Act shall apply in all proceedings commenced after the date of enactment of this Act and, insofar as is just and practicable, in all proceedings pending on such date of enactment.” The official website currently posts the December 1, 2006 version of the Federal Rules of Evidence and new Rule 502 is not included.
Proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure have been posted. The comment period has ended. For more information please see http://www.uscourts.gov/rules/newrules1.htm.
California Central District Amends Electronic Filing Policies & Procedures and Local Rule 5-3.3
Effective February 7, 2008, the United States District Court for the Central District of California has posted amended Electronic Filing Policies and Procedures (General Order 08-02 superseding General Order 07-08) and Local Rule 5-3.3 (General Order 08-03). For the complete text of the amendments please see http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/View+All+Orders?OpenView.
California Central District Bankruptcy Revises Local Rules
The local rules of the Central District of California Bankruptcy Court were amended effective January 22, 2008. The full text of the revisions can be viewed online at: http://www.cacb.uscourts.gov/cacb/Welcome.nsf/Forms-LocalBKR-Form?OpenPage.
California Superior Courts Post Proposed Revisions to Local Rules
Most California superior courts revise their local rules twice a year, effective July 1 and January 1. Most counties also post proposed revisions some months in advance for public comment.
Santa Clara County has posted proposed revisions to its local rules effective July 1, 2008. For more information please see http://www.sccsuperiorcourt.org/rules/rules.htm.
Ventura County has posted proposed revisions to its local rules effective July 1, 2008. For more information please see http://www.ventura.courts.ca.gov/index.htm.
Massachusetts State Court Amends Rules of Civil Procedure
Effective March 1, 2008, Massachusetts made changes to its Rules of Civil Procedure. For more information, please see http://www.lawlib.state.ma.us/civrules.html.
Effective April 1, 2008, there is a new version of Massachusetts Rule of Civil Procedure 26(b)(5). For the full text of the amended rule please see http://www.lawlib.state.ma.us/civrules.html.
Ohio Northern District Amends Electronic Filing Policies and Procedures and Local Rule 5.1
The United States District Court for the Northern District of Ohio Electronic Filing Policies and Procedures Manual has been revised (see Section 15, pp. 6-7) to increase the file size of documents that are permitted to be filed electronically from 1.5 megabytes to 5.0 megabytes. The increase in size of the documents permitted to be filed electronically reflects both an increase in CM/ECF system storage capability as well as the fact that most users now file and retrieve documents over broadband internet connections rather than through dial-up services as was often done when electronic filing originated over a decade ago.
The Northern District of Ohio federal has also amended Local Rule 5.1, effective February 4, 2008.
For more information see SmartRules™ procedural guides Filing Documents and Generally Applicable Rules and Formatting Requirements.
The complete text of the amendments can be found online at: http://www.ohnd.uscourts.gov/Clerk_s_Office/Local_Rules/local_rules.html.
Ohio State Court Proposes Revisions to Appellate, Civil and Criminal Rules, Cuyahoga County Amends Local Rule 23
Ohio State Court has posted proposed amendments to its state court rules as follows:
Ohio Rules of Appellate Procedure (21, 22, 25.1, and 43)
Ohio Rules of Civil Procedure (4, 16, 26, 33, 34, 36, 37, 45, and 86)
Ohio Rules of Criminal Procedure (10, 24, 43, and 59)
The full text of the proposed amendments can be viewed at: http://www.sconet.state.oh.us/Rules/. If adopted, and after a review and discussion process, the changes will take effect on July 1, 2008.
Effective April 14, 2008, the Cuyahoga County Court of Common Pleas will amend its Local Rule 23, re criminal case management. For the full text of the amended rule please see http://cp.cuyahogacounty.us/internet/ID-1-Type-Amend-news.aspx.
Pennsylvania State Court Proposes Revision to Rule of Civil Procedure 240 Re In Forma Pauperis
The Pennsylvania Unified Judicial System has posted a proposed amendment to Pennsylvania Rule of Civil Procedure 240 Re in Forma Pauperis. The comment period has ended. For more information, please see http://origin-www.aopc.org/Index/supctcmtes/civilrulescmte/indexcivilrules.asp.
South Carolina District Court Amends Rules of Discipline
The United States District Court for the District of South Carolina has posted proposed revisions to its Rules of Disciplinary Enforcement and related rules. For a complete version of the proposed rules please see http://www.scd.uscourts.gov/navtop/whatsnew.asp.
Fifth Circuit Court of Appeals Amends Local Rules
Effective April 1, 2008, the Fifth Circuit Court of Appeals will amend its Local Rules 27.3 re Emergency Motions in Other Than Capital Cases, 27.3.1, Emergency Stays of Deportation and 27.4 Form of Motions. For the complete text of the amended rules please see http://www.txwd.uscourts.gov/.
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