New Rule of Evidence 502 Adopted by Senate, 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 has been adopted by the United States Senate.  The legislation has now moved to the House for consideration.
Regarding the effective date once the legislation passes both houses of Congress, 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.”  We will keep you posted with any available information regarding the effective date.
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 Rules

Effective February 7, 2008, the United States District Court for the Central District of California 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.
Effective April 1, 2008, the Court adopted the following amended Local Civil Rules:
L.R. 37-2.2 Preparation of Joint Stipulation
L.R. 65-10 Bonds or Undertakings - Cash Deposit
L.R. 79-5.1 Filing Under Seal - Procedures
L.R. 83-2.7 Notification of Attorney Change of Name, Address, Firm Association, Telephone Number, Facsimile Number or E-Mail Address
For more information please see http://www.cacd.uscourts.gov/cacd/notices.nsf/5a76d63503298120882567cf0058efb4/0e400bb5cf1c32a3882573e8006935e4?OpenDocument.

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 Northern District Amends Bankruptcy Local Rules

The United States District Court for the Northern District of California has approved revisions of Civil Local Rule 16-4, Procedure in Bankruptcy Appeals, and the Bankruptcy Local Rules. The revisions govern civil cases filed on or after May 1, 2008 and bankruptcy cases pending on that date, except to the extent the Bankruptcy Court determines that such application would materially prejudice the rights of a party (in which event the prior version of the rules shall continue to apply).  The revised Bankruptcy Local Rules are available at the Local Rules section of the Court’s Internet site: http://www.cand.uscourts.gov.

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.
Contra Costa County has posted proposed amendments to its local rules effective July 1, 2008.  For the full text of the proposed amendments please see:  http://www.cc-courts.org/index.cfm?fuseaction=Page.viewPage&pageId=1763&parentID=1749&nodeID=3.
Orange County has posted proposed amendments to its local rules effective July 1, 2008.  Comments must be received by April 28, 2008.  For the full text of the proposed amendments and more information please see http://www.occourts.org/home/ccrules/1ccrtabl.asp.
Riverside County has provided to SmartRules proposed revisions to its local rules effective July 1, 2008.  If you are interested in a copy please contact the SmartRules editorial team.
San Francisco County has posted proposed revisions to its local rules effective July 1, 2008.  For more information please see http://sfgov.org/site/courts_page.asp?id=4488.
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. 

Florida Southern District Amends Local Rules

Effective April 15, 2008, the United States District Court for the Southern District of Florida has amended its local rules.  For the full text of the amended rules please see http://www.flsd.uscourts.gov/. 

Illinois State Court Amends Civil Rules

Effective July 1, 2008, the Illinois Supreme Court will amend its Rules 343, 716 and 756. For the full redlined text of the amended rules please see http://www.state.il.us/court/SupremeCourt/Rules/Amend/2008/032608.pdf.

Maine State Court Amends Rules of Civil Procedure

Effective June 1, 2008, Maine will amend its Rules of Civil Procedure.  For more information please see http://www.courts.state.me.us/news/index.shtml. 

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, Massachusetts Rule of Civil Procedure 26(b)(5) was amended.  For the full text of the amended rule please see http://www.lawlib.state.ma.us/civrules.html.

New York Eastern District Adds Administrative Order and Proposes Changes to Local Rule 7.1 

The United States District Court for the Eastern District of New York added Administrative Order 08-5, scheduling in social security cases, effective April 1, 2008.  For the full text of the new Order please see http://www.nyed.uscourts.gov/Whats%20New/what_s_new.html.
Following the recommendation of the Joint Committee on Local Rules for the Southern and Eastern Districts of New York, the Board of Judges may adopt Proposed New Local Rules 7.1(b) and 7.1(c).  For more information please see http://www.nyed.uscourts.gov/index.cfm. 

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 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, the changes will take effect on July 1, 2008.
Effective April 14, 2008, the Cuyahoga County Court of Common Pleas amended 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.   

Texas Northern District Considers Amendments to Local Civil and Criminal Rules

The United States District Court for the Northern District of Texas is accepting public comments on proposed amendments to its Civil and Criminal Rules until June 2, 2008.  Unless modified after receipt of public comment, these rules will take effect on September 1, 2008.
The following local civil rules are proposed to be amended:
LR 1.1(f), 3.1, 4.1, 5.1(b), 5.1(d), 5.1(e), 7.4, 11.1(d), 15.1, 77.1(a), 79.1(a), 79.3, 79.4, 81.1,
81.2, and 83.13.  The following local civil rules are proposed to be added: LR 1.1(g), 3.2, 5.1(f), and 6.1.

The following local criminal rules are proposed to be amended: LCrR 1.1(f), 49.1, 49.2(b), 49.2(f),  49.5(d), 55.1(a), 55.3, 55.4, and 57.13.  The following local criminal rules are proposed to be added: LCrR 1.1(g), 45.1, and 49.2(g).
For more information please see http://www.txnd.uscourts.gov/index.html.

Fifth Circuit Court of Appeals Amends Local Rules

Effective April 1, 2008, the Fifth Circuit Court of Appeals amended 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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