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Court and Judge Rules Update: January 30 - February 5, 2013
Practical Law Legal Update 7-523-9390 (Approx. 4 pages)
Court and Judge Rules Update: January 30 - February 5, 2013
by PLC Litigation
| Published on 05 Feb 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 January 30 and February 5, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.
Second Circuit
Southern District of New York
The US District Court for the Southern District of New York has released a new version of its CM/ECF Rules, which reflects all amendments to the rules made in 2012, including:
- Official transcripts taken by court reporters are now available electronically on PACER (S.D.N.Y. ECF Rules & Instructions § 13.22 (Jan. 2013)).
- All Rule 7.1 Disclosure Statements must be electronically filed (S.D.N.Y. Standing Order No. 11-MC-278).
- All Notices of Appeal must be electronically filed (S.D.N.Y. ECF Rules & Instructions § 17.1 (Jan. 2013)).
- The record for appeals of Social Security Administration decisions is now available on PACER (S.D.N.Y. ECF Rules & Instructions § 13.21 (Jan. 2013)).
- All pro se cases will be assigned to the ECF docket (S.D.N.Y. Standing Order No. M10-268).
- All requests for admission pro hac vice must be electronically filed (S.D.N.Y. ECF Rules & Instructions § 20.4 (Jan. 2013)).
- Judge's signatures may now appear in electronic form (S.D.N.Y. ECF Rules & Instructions § 4.1 (Jan. 2013)).
Third Circuit
District of Delaware
Magistrate Judge Mary Pat Thynge has updated her Rule 16 Scheduling Orders for non-patent and patent cases. The Scheduling Orders modify Part 3(e) in both documents to reflect the judge's preferences concerning discovery disputes.
Western District of Pennsylvania
The US District Court for the Western District of Pennsylvania released new local rules, effective February 1, 2013. The new local rules include changes to Local Civil Rule 83.2: Admission and Appearance of Attorneys and Students, which affects:
- Pro Hac Vice Appearance (Rule 83.2(B)). The Court has removed the requirement that a member of the court submit a motion on behalf of an attorney seeking pro hac vice admission. The attorney seeking pro hac vice admission may now submit the motion herself, and must also submit a list of state or United States courts to which she is admitted in good standing, a certificate of good standing from the bar of the court where she primarily practices, and list and explain any previous disciplinary proceedings.
- Appearances and Withdrawals of Attorney (Rule 83.2(C)). In civil cases, an attorney seeking to withdraw from a matter must now submit a motion stating the reasons for withdrawal and the succeeding attorney's name. If the succeeding attorney is not known, the withdrawing attorney must provide the name and address of the client and either bear the client's signature, or state why the attorney was unable to obtain the client's signature.
Fourth Circuit
Western District of Virginia
The US District Court for the Western District of Virginia has released new local rules. The court has modified:
- Rule 4: Social Security Cases, to reflect the availability of Social Security Complaint and Answer forms provided by the court.
- Rule 7: Service and Filing of Pleadings and Other Papers, to reflect the addition of the "Three Day Mailing Rule," applying Federal Rule of Criminal Procedure 45 and Federal Rule of Civil Procedure 6(e) to service by electronic means.
Fifth Circuit
Southern District of Texas
Judge Nancy A. Atlas updated her Court Procedures and Forms to reflect that in certain employment cases alleging adverse action, the court will use a different set of procedures, "Initial Discovery Protocols for Employment Cases Alleging Adverse Action."
Ninth Circuit
District of Montana
The District of Montana has released new Administrative Procedures Manual for Filing. The following procedures have been modified:
- Procedure 1(b)(i)-(ii), stating that electronically filed documents should be scanned in black and white, and electronically filed photographs should be scanned in color.
- Procedure 1(b)(iv), increasing the size of documents uploaded to the CM/ECF system to ten megabytes (MB).
- Procedure 1(c)(i), detailing browser compatibility with the CM/ECF system.
- Procedure 5(a), concerning transcripts.
- Procedure 7(f), concerning conventionally filed motions.
- Procedure 7(m), concerning attorney withdrawal from a matter.
Eleventh Circuit
Middle District of Florida
Judge Virginia M. Hernandez Covington has updated her policy on motions in limine. These motions should now be filed one month after the dispositive motions deadline.