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Court and Judge Rules Update: November 26 - December 2, 2012
Practical Law Legal Update 5-522-6826 (Approx. 4 pages)
Court and Judge Rules Update: November 26 - December 2, 2012
by PLC Litigation
| Published on 03 Dec 2012 • USA (National/Federal) |
This Legal Update reports on changes to the local rules and Case Management/Electronic Case Filing (CM/ECF) rules for all US federal district and appellate courts during the week of November 26, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period.
This Legal Update reports on changes to the local rules and Case Management/Electronic Case Filing (CM/ECF) rules for all US federal district and appellate courts during the week of November 26, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period. For links to all federal court local and CM/ECF rules, as well as the individual practice rules for federal judges, see PLC Litigation, Court Rules.
Southern District of New York
Judge Alison J. Nathan of the US District Court for the Southern District of New York updated section 2(B) of her Individual Practices in Civil Cases. Parties must now submit a Proposed Civil Case Management Plan and Scheduling Order to the court at least nine business days before the initial case management conference.
Middle District of Pennsylvania
The US District Court for the Middle District of Pennsylvania announced that effective December 3, 2012 there will be a new procedure for issuing a summons in a civil case. The court will now use an electronic summons which will include an electronic court seal instead of a "hard" court seal. The summons issued event will be entered on the docket. Attorneys that are registered ECF users will receive the summons electronically. Attorneys that are not registered ECF users will receive the summons by mail.
District of Minnesota
The US District Court for the District of Minnesota revised its Electronic Case Filing Procedures Guides for Civil Cases and for Criminal Cases.
- Civil cases. Initiating documents must now be filed electronically in the court's ECF system. Filing fees are paid electronically through pay.gov. This revision does not apply to civil cases filed under seal or miscellaneous actions, which are to be opened by the clerk's office.
- Criminal cases. Filing fees are now paid electronically through pay.gov.
Northern District of California
Magistrate Judge Elizabeth D. Laporte of the US District Court for the Northern District of California updated her standing order. Requests to appear telephonically at case management conferences before Judge Laporte must now be filed and served one week before the conference. Judge Laporte's updated standing order is available on the court's website.
District of Montana
The US District Court for the District of Montana issued a new standing order. Under the standing order, the chief judge of the district may authorize a senior judge to designate a US magistrate judge to exercise jurisdiction over a civil case, matter or motion. An authorized senior judge is considered an "active Article III judge" for purposes of District of Montana Local Civil Rule 72.2(b).
Southern District of Florida
The US District Court for the Southern District of Florida issued an administrative order amending the local rules. The amended rules include:
- Rule 7.3 Attorneys Fees and Costs. The rule was amended to specify that a draft fee motion is not necessary for issues the parties agree on.
- Rule 16.1 Pretrial Procedure in Civil Action. The rule was amended to add 16.1(b)(3)(C). The Joint Proposed Scheduling Order must contain any agreements or issues to be decided by the court about the preservation, disclosure and discovery of electronically stored information and documents.
- Rule 16.2 Court Annexed Mediation. Rule 16.2(b)(3) was amended to delete reference to the attorney admissions examination that was eliminated by Administrative Order 2012-14 and to heighten the qualifications for mediator certification. Rule 16.2(h) was eliminated and the forms in that rule were relocated to the court's website.
To view all of the amendments to the local rules, see the black-lined version.