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Court and Judge Rules Update: February 27 - March 5, 2013
Practical Law Legal Update 2-524-7043 (Approx. 6 pages)
Court and Judge Rules Update: February 27 - March 5, 2013
by PLC Litigation
| Published on 05 Mar 2013 • USA (National/Federal) |
This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between February 27 and March 5, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.
Second Circuit
Second Circuit Court of Appeals
The US Court of Appeals for the Second Circuit added the following to its fee schedule:
- Notice of appeal (payable to Tax Court): $450.
Eastern District of New York and Southern District of New York
The US District Courts for the Eastern and Southern Districts of New York announced a proposed revision to joint local civil rule 54.1. The period for public comment will be until April 5, 2013.
Northern District of New York
The US District Court for the Northern District of New York amended its Administrative Procedures for Electronic Case Filing by adding paragraph 4.8 regarding items not in PDF format.
Southern District of New York
Judge Jesse M. Furman updated the following:
Judge J. Paul Oetken updated his Individual Practices in Civil Cases.
Third Circuit
District of New Jersey
Judge Cathy L. Waldor updated her CM/ECF Special Procedures with the following changes:
- Courtesy copies are not required.
- Parties should make every effort to obtain consent for a motion to appear pro hac vice. If consented to, the motion should include a proposed consent order.
- Motions to amend must be accompanied by a red-lined proposed amended complaint as an exhibit outlining the proposed amendments.
- Letters should be e-filed or sent via fax; not by mail.
Judge Steven C. Mannion also updated his CM/ECF Special Procedures. Specifically, he updated his policy on faxes: parties must contact chambers for approval before faxing any documents and there is a page limit of five pages for all faxes unless otherwise approved by chambers.
Western District of Pennsylvania
The US District Court for the Western District of Pennsylvania updated the sealed document requirements in its Electronic Case Filing Policies and Procedures.
Fourth Circuit
Fourth Circuit Court of Appeals
The US Court of Appeals for the Fourth Circuit added the following language to its Brief and Appendix Requirements document:
- Addenda & Attachments to Briefs: Copies of statutes, rules, regulations, etc. that are needed for the court's determination of the issues may be included in an addendum at the end of the brief. Copies of unpublished opinions, orders, or other written dispositions cited in the brief may also be included in an addendum at the end of the brief, but inclusion is not required if the unpublished disposition is available in a publicly accessible electronic database. If counsel wishes to supplement the brief with any other matters, the additional material must be presented to the court under separate cover, accompanied by a motion to file the material as an attachment to the brief.
Fifth Circuit
Eastern District of Texas
Magistrate Judge John D. Love issued a Standing Order regarding readiness for status conferences. The plaintiff in a case must now file a notice that the case is ready for a scheduling conference within five days of the date that all of the defendants have either answered or filed a motion to transfer or dismiss. The notice must include a list of any pending motions. In patent cases, the notice also must include:
- A list of related cases in the Eastern District of Texas involving the same patent or patents.
- The patent numbers.
- The dates of any future Markman hearing or trial in related cases.
Sixth Circuit
Northern District of Ohio
The US District Court for the Northern District of Ohio issued a General Order regarding the docket of Judge Lesley Wells. The order modifies Judge Wells' docket draw.
Southern District of Ohio
The US District Court for the Southern District of Ohio updated its Electronic Filing Policies and Procedures Manual.
Eastern District of Tennessee
The US District Court for the Eastern District of Tennessee revised its local rules. The court added local rule 3.1.1, concerning patent, trademark and copyright cases and amended local rule 83.10, concerning supervised release.
Seventh Circuit
Seventh Circuit Court of Appeals
The US Court of Appeals for the Seventh Circuit posted a Special Notice to Counsel who will Present Oral Argument.
Northern District of Illinois
The US District Court for the Northern District of Illinois announced that it amended its local patent rules and included local patent rules for electronically stored information.
Northern District of Indiana
The US District Court for the Northern District of Indiana issued a General Order regarding the assignment of cases to new Magistrate Judge John E. Martin.
Southern District of Indiana
The US District Court for the Southern District of Indiana updated its Uniform Case Management Plan with revisions to Section III, Paragraph K regarding Electronically Stored Information (ESI). Under the revised Uniform Case Management Plan, if any party is going to seek the production of a substantial volume of ESI, they must complete the ESI Supplement to the Report of the Parties' Planning Meeting. Additionally, the revised Uniform Case Management Plan provides instructions for what a party must do when the party believes that a substantial volume of ESI will not be produced in the case.
The court also updated its Uniform Patent Case Management Plan: Phase I (Pre-Markman Ruling) with revisions to Section III, Paragraph DD regarding ESI. The changes to the Uniform Patent Case Management Plan are the same as the changes to the Uniform Case Management Plan described above.
Western District of Wisconsin
The US District Court for the Western District of Wisconsin updated its E-Filing Administrative Procedures. Documents must be filed under seal only in accordance with Administrative Order #309 regarding the general rules for filing documents under seal.
Eighth Circuit
District of North Dakota
The US District Court for the District of North Dakota issued a Standing Order regarding bond interviews in criminal cases.
Ninth Circuit
Central District of California
Judge Jesus G. Bernal posted a Standing Order.
Southern District of California
The US District Court for the Southern District of California issued a General Order proposing an amendment to civil local rule 5.1(a). The period for public comment will be until March 15, 2013. Absent further order from the court, the effective date of the rule is March 22, 2013.
The court issued two other General Orders:
District of Oregon
Pursuant to Standing Order 2013-1, amendments to the local rules went into effect on March 1, 2013. For more information, see the court's summary of local rule changes.
The US District Court for the District of Oregon also posted two new forms:
Eleventh Circuit
Eleventh Circuit Court of Appeals
The US Court of Appeals for the Eleventh Circuit will begin mandatory electronic filing on April 1, 2013.
Middle District of Florida
Effective April 1, 2013, the US District Court for the Middle District of Florida will be participating in the Eleventh Circuit's Electronic Records on Appeal Program.
Southern District of Florida
The US District Court for the Southern District of Florida issued an Administrative Order regarding firearms in federal courthouse facilities and grounds.