2016-2017 Proposed Amendments to Local Rules

 

The public comment period for the 2016-2017 Proposed Local Rule Amendments is now closed.  New proposals for consideration during the 2017-2018 amendments cycle must be submitted by August 31, 2017.

Understanding the Proposed Amendment Format

Summary of Proposed Amendments

Instructions for Submitting a New Proposed Local Rule Amendment
 

Title File Comments
LRCiv 7.2(n) - MOTIONS

Amended to require that pending motion notifications filed in electronic form must be submitted according to the Administrative Policies and Procedures Manual. (Note: The Court’s Administrative Policies and Procedures Manual will be updated to require the filer to use a specific event that will enable the Clerk of Court to screen and anonymize pending motions notifications prior to receipt by the judge.)

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LRCiv 12.1(c) - MOTIONS TO DISMISS

Amendment to require parties/counsel to confer prior to filing a motion to dismiss for failure to state a claim or counterclaim, or motion for judgment on the pleadings on a claim or counterclaim.

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LRCiv 33.1 - FORM OF INTERROGATORIES

Amends rule to be gender neutral and inclusive of corporate entities. (Note: the proposal to amend this rule resulted in a decision to amend all civil and criminal local rules for gender neutrality. Accordingly, technical amendments were applied to the following: Local Rules of Civil Procedure 3.4, 3.5, 3.7, 16.1, 16.2, 39.1, 52.1, 54.1, 72.2, 77.3, 77.4, 79.1, 83.2, 83.4, 83.8, and Local Rules of Criminal Procedure 10.2, 16.1, 32.1, 46.1, 46.2, 57.2, 57.6.)

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LRCiv 56.1(c) - MOTIONS FOR SUMMARY JUDGMENT

Amendment adds a new subparagraph (c) to LRCiv 56.1 which permits the filing of a controverting statement of facts with a reply memorandum only to address new facts raised in opposition to a motion for summary judgment which are alleged to create a genuine material issue of fact precluding summary judgment.

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LRCiv 67.1(a) - INVESTMENT OF FUNDS ON DEPOSIT IN THE REGISTRY ACCOUNT

Amendment adopted so local rule is in compliance with the requirements of 28 U.S.C. § 468B and 26 C.F.R. § 1.468B-9, which state that interpleader funds deposited under 28 U.S.C. § 1335 meet the IRS definition of a disputed ownership fund (DOF), a taxable entity that requires tax administration. This amendment is also in response to recommendations from the Administrative Office of the U. S. Courts. (Note: this amendment was adopted by General Order 17-07 as an emergency amendment pursuant to LRCiv 83.9(a). The General Order will become obsolete upon publication of the 2016-2017 local rule amendments on 12/1/17.)

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