Existing Rule with Highlighted Amendments New Rules LOCAL CIVIL - PowerPoint PPT Presentation

 Existing Rule with Highlighted Amendments  New Rules

LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (c) Filing of Extraordinary Pleadings . The attorneys filing any pleading of an extraordinary nature (e.g., temporary restraining orders, vessel seizures, writs of attachment, and other pleadings requiring immediate j udicial action) shall make themselves available by telephone to the Judge to whom the matter is assigned and shall provide a current cellular telephone number on the pleading. LR5(c) - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (c) shall make themselves available by telephone to the Judge to whom the matter is assigned and shall provide a current cellular telephone number on the pleading.

LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (f) Certificate of Service . (3) The certificate of service must identify the method of service upon each party. LR5(f)(3) - Certificate of Service : The certificate of service must identify the method of service upon each party.

LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS (g) Memoranda . All initial memoranda filed by a party (including briefs, memoranda in support of a motion, and appeals to District Judges) shall be limited to twenty pages excluding attachments. S ubsequent memoranda (including memoranda in response or in opposition), if any, shall not exceed ten pages excluding attachments. The form of the memorandum shall comply with LR10(a). Reply and surreply memoranda, if permitted, shall be limited to five pages. Leave of Court must be obtained to file memoranda in excess of the limit above. LR7(g) - Memoranda : Page limit at ions for memoranda are as follows: Init ial (20 pages); S ubsequent (10 pages); Reply and S urreply, if filed by leave of Court (5 pages).

LOCAL CIVIL RULE 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS (a) Signing of Pleadings, Motions and Other Papers. (1) Every pleading, motion, or other document presented for filing shall, in accordance with the Federal Rules of Civil Procedure, be signed by counsel admitted to practice before this Court. If the document is submitted by a pro hac vice attorney, the document must also be signed by local counsel associated with such pro hac vice attorney in accordance with LR83(b)(8) . LR11(a)(1)- Signing of Pleadings, Motions and Other Papers If the document is submitted by a pro hac vice attorney, the document must also be signed by local counsel associated with such pro hac vice attorney in accordance with LR83(b)(8) .

LOCAL CIVIL RULE 16 - PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT (c) Notice of Settlement . Whenever a civil case is set t led or ot herwise disposed of, counsel shall immediat ely file a Joint Not ice of S et t lement , signed by counsel for Plaint iff, int o t he record. Addit ionally, counsel shall immediat ely inform t he Clerk's office, t he Judge t o whom t he case is assigned, and shall comply wit h LR45(b) relat ive t o all persons subpoenaed as wit nesses. If a civil case is set t led as t o fewer t han all of t he part ies or all of t he claims, t he Joint Not ice shall also set fort h t he remaining part ies and unset t led claims. The Joint Not ice may also include a request for a condit ional order of dismissal, allowing for reinst at ement of t he mat t er if t he set t lement is not consummat ed wit hin t he t ime st at ed in t he order of dismissal. LR16(c) - Notice of Settlement : Joint Notice of Settlement must be signed by Plaintiff's counsel and filed into the record.

LOCAL CIVIL RULE 65 - INJUNCTIONS AND RESTRAINING ORDERS An applicat ion or a mot ion for a t emporary rest raining order or for a preliminary inj unct ion shall be made in a document separat e from t he complaint and if not , may not be considered by t he Court . An applicat ion for a t emporary rest raining order shall be accompanied by a cert ificat e of t he applicant 's at t orney, or by an affidavit , or by ot her proof sat isfact ory t o t he Court , st at ing (1) t hat act ual not ice of t he t ime of making t he applicat ion, and copies of all pleadings and ot her papers filed in t he act ion t o dat e or t o be present ed t o t he Court at t he hearing, have been furnished t o t he adverse part y's at t orney, if known, ot herwise t o t he adverse part y; or (2) t he effort s made by t he applicant t o give such not ice and furnish such copies. LR65 - Injunctions and Restraining Orders : Applicat ions for inj unct ions or TROs shall be made in a document separat e from complaint or else may not be considered by t he Court .

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES (b) Attorneys . (8) Visiting Attorneys . (D) The applicant at t orney shall pay a fee t o t he Clerk of Court in an amount t o be det ermined by t he Court and shall submit t he following oat h: I DO S OLEMNLY S WEAR (OR AFFIRM OR PROMIS E) t hat I will conduct myself as an at t orney and counselor of t his Court , upright ly and according t o law; and t hat I will support t he Const it ut ion of t he Unit ed S t at es. LR83(b)(8)(D) - Visiting Attorneys : The language for t he Pro Hac Vice oat h has changed.

LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT (b) Sentencing Memoranda . A party may submit a sent encing memorandum addressing any factor taken into account for sent encing purposes. The memorandum may contain, but is not limit ed to, sent encing factors enumerated in 18 U.S.C. § 3553(a); factors for upward or downward departure including those considered pursuant to U.S .S .G. § 5K1.1; argument on unresolved obj ections to t he presentence report; and any information concerning t he background, character, and conduct of the defendant, in accordance with 18 U.S.C. § 3661. S entencing memoranda shall be filed UNDER S EAL by counsel through t he Court’s electronic filing syst em using the applicable event “ S ealed S entencing Memorandum by the Government” or “ S ealed S entencing Memorandum by t he Defense.” The filing at torney is responsible for providing conventional service to the U. S. Probation Office and to opposing counsel, indicating on the Certificat e of S ervice how t he document was served. All such sent encing memoranda shall be filed at least fourteen days prior to the date of sentencing. LR32(b) - Sentencing Memoranda: S ent encing memoranda shall be filed UNDER S EAL by counsel t hrough t he Court ’s elect ronic filing syst em using t he applicable event and must provide convent ional service t o t he U. S . Probat ion Office and t o opposing counsel. All such sent encing memoranda shall be filed at least fourt een days prior t o t he dat e of sent encing.

LOCAL CIVIL RULE 5.2 - Protection of Personal and Sensitive Information; Public Access to Court files; Redacted Information; Sealed Information . (a) In General . Counsel should advise clients of the provisions of this Rule and Federal Rule of Civil Procedure 5.2 so t hat an informed decision may be made about the inclusion of protected information. (b) Remote Access . Counsel and part ies must consider t hat t he E- Government Act of 2002 (as amended) and t he policies of t he Judicial Conference of t he Unit ed St at es require federal court s event ually t o make all pleadings, orders, j udgment s, and ot her filed document s available in elect ronic format accessible over t he Int ernet and t he Court s’ P ACER [Public Access t o Court Elect ronic R ecords] syst ems. Consequent ly, personal and sensit ive informat ion and dat a t hat formerly were available only by review of t he Court ’s physical case files will be available openly and publicly. (c) Redacted Filings . If a redact ed document is filed, it is t he sole responsibilit y of counsel and t he part ies t o ensure t hat all pleadings conform t o Federal Rule of Civil Procedure 5.2, and t he General Orders of t his Court . Neit her t he Court nor t he Clerk of Court will review pleadings or ot her document s for compliance wit h t his Rule.

LOCAL CIVIL RULE 26 – GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE Initial Disclosure . (b) Within the time designat ed in the Court ’s initial order set ting the Fed. R. Civ. P . 16 conference, t he parties must make t he disclosures required by Fed. R. Civ .P . 26(a)(1). Disclosures must be made no later than seven days before the Case Management Conference, unless a different time is set by court order or unless a party obj ects during t he at torney conference and states the obj ection in the proposed case management order. (c) Withholding Privileged or Protected Information . A party withholding information claimed privileged or otherwise protected must submit a privilege log that cont ains at least the following informat ion: name of t he document , elect ronically stored information, or tangible things; description of the document , elect ronically stored information, or tangible thing, which description must include each requisite element of the privilege or protection assert ed; date; author(s); recipient(s); and nature of the privilege. CONTINUED ON NEXT PAGE