33
Page 1 of 33 ALN Rule Set Update Details SEPTEMBER 1, 2021 Due to the ever-changing COVID-19 situation and emergency orders being issued and revised on a continuous basis, it is highly recommended that each deadline and the applicability of any potential extension or tolling under emergency orders be confirmed on a case-by-case basis, ideally through stipulation with counsel in writing and confirmation with the specific judicial department if possible. As a general rule, we have decided to leave the standard rules-based deadlines in place in an effort to provide attorneys with the most conservative deadline and since the scope of the emergency orders may be more limited and/or subject to differing legal interpretations. For any deadlines relating to court filings (whether physical delivery, electronic, or otherwise), delivery of courtesy copies, tentative rulings and submittal protocols, e-service requirements, and remote session protocols, please confirm with the specific judicial department as to what the requirements are as the orders and procedures are continuously changing. In an effort to assist our users, we have been compiling these emergency orders on our website on a daily basis for select jurisdictions: https://www.alncorp.com/court-emergency-orders/ COVID-19 ADVISORY We are closely monitoring the evolving court rules situation due to COVID-19 and its potential impact on our court rules service. Because of the rapidly changing updates, we cannot immediately change the court rules dates and deadlines due to the dynamics of the various court orders. We have already seen some judges update their procedures multiple times in one week. We are also concerned with the exact applicability of the various rule changes and deadline extensions to each case, as the Courts and Judges have wide discretion on how to deal with this emergency situation and alter the deadlines in a specific case. Our policy has always been two-fold. One, interpret rules conservatively, and two, do not practice law for our clients. This emergency circumstance has us concerned on both fronts. Until things settle down, and the courts are more exact on the applicability of the new “temporary rules,” we think the most conservative approach is to leave the deadlines as currently mandated by statute and the usual rules and to let our clients decide on a case by case basis when the new changed deadlines should be applied, if at all. Additionally, some of the new orders provide exceptions stated for certain types of cases that only the lawyer on the particular matter can actually determine as to whether the case falls under the exception. We have also heard from many of our clients that they are interpreting some of the orders differently from each other. Therefore, we are reticent to make a legal determination, and thus be practicing law, until the situation settles down a bit and the courts clarify things. As always, and more importantly now than ever, it is important that the attorneys and the legal assistants monitor each of their cases and communicate directly with the Court and the Clerk, where appropriate, to know what exactly is happening in their cases (whether it is a determination that should be made as to a general court

ALN Rule Set Update Details SEPTEMBER 1, 2021

  • Upload
    others

  • View
    5

  • Download
    0

Embed Size (px)

Citation preview

Page 1 of 33

ALN Rule Set Update Details SEPTEMBER 1, 2021

Due to the ever-changing COVID-19 situation and emergency orders being issued and revised on a

continuous basis, it is highly recommended that each deadline and the applicability of any potential

extension or tolling under emergency orders be confirmed on a case-by-case basis, ideally through

stipulation with counsel in writing and confirmation with the specific judicial department if possible. As a

general rule, we have decided to leave the standard rules-based deadlines in place in an effort to provide

attorneys with the most conservative deadline and since the scope of the emergency orders may be more

limited and/or subject to differing legal interpretations.

For any deadlines relating to court filings (whether physical delivery, electronic, or otherwise), delivery

of courtesy copies, tentative rulings and submittal protocols, e-service requirements, and remote session

protocols, please confirm with the specific judicial department as to what the requirements are as the

orders and procedures are continuously changing.

In an effort to assist our users, we have been compiling these emergency orders on our website on a daily

basis for select jurisdictions: https://www.alncorp.com/court-emergency-orders/

COVID-19 ADVISORY

We are closely monitoring the evolving court rules situation due to COVID-19 and its potential impact on our

court rules service. Because of the rapidly changing updates, we cannot immediately change the court rules

dates and deadlines due to the dynamics of the various court orders. We have already seen some judges update

their procedures multiple times in one week. We are also concerned with the exact applicability of the various

rule changes and deadline extensions to each case, as the Courts and Judges have wide discretion on how to deal

with this emergency situation and alter the deadlines in a specific case.

Our policy has always been two-fold. One, interpret rules conservatively, and two, do not practice law for our

clients.

This emergency circumstance has us concerned on both fronts. Until things settle down, and the courts are more

exact on the applicability of the new “temporary rules,” we think the most conservative approach is to leave the

deadlines as currently mandated by statute and the usual rules and to let our clients decide on a case by case

basis when the new changed deadlines should be applied, if at all. Additionally, some of the new orders provide

exceptions stated for certain types of cases that only the lawyer on the particular matter can actually determine

as to whether the case falls under the exception. We have also heard from many of our clients that they are

interpreting some of the orders differently from each other. Therefore, we are reticent to make a legal

determination, and thus be practicing law, until the situation settles down a bit and the courts clarify things.

As always, and more importantly now than ever, it is important that the attorneys and the legal assistants

monitor each of their cases and communicate directly with the Court and the Clerk, where appropriate, to know

what exactly is happening in their cases (whether it is a determination that should be made as to a general court

Page 2 of 33

order applying, a temporary judge’s procedure that should be followed, and obviously any notices that are

received from the Court for the particular case). Due to the ever-changing rules landscape, all attorneys are

urged to check with the specific Court and Judge for the latest updates and to watch for any case-specific

notices from the Court; however, the following two websites regarding the various federal courts and state

courts are a good resource to review:

United States Federal Courts: https://www.uscourts.gov/about-federal-courts/court-website-links/court-

orders-and-updates-during-covid19-pandemic

National Center for State Courts: https://www.ncsc.org/Newsroom/Public-health-emergency.aspx

There are ways to manually adjust the deadlines in eDockets to reflect these rules changes. If you need any help

with making those changes, please contact our support team at [email protected] and cc

[email protected].

We understand that this is an extremely stressful time and have implemented policies that allow us to remain

fully operational, including our entire team working remotely, but to not sacrifice the level of service that our

clients have come to expect. We will continue to monitor the courts and make adjustments to our rules and the

above position statement as the situation warrants. Now more than ever, we will need your help to navigate this

situation together. If you have any suggestions or ideas on additional ways that we can support you, please let

us know. The entire American LegalNet team stands ready to assist you in any way that we can. In the

meantime, we will continue to monitor the Courts and the Court Rules in this rapidly evolving situation, and we

will be in touch as appropriate.

RULESETS ADDED

California Works of Improvement (Including Mechanics Liens) (CAWIML)

North Carolina Superior Court, 4A District, Duplin, Jones, and Sampson Counties (NC04AS)

RULESETS REMOVED

N/A

Page 3 of 33

RULESETS UPDATED

FEDERAL APPEALS

U.S. Court of Appeals, Eleventh Circuit (11CIRC)—Updates Effective 8-1-21

Text Added:

31-3

Triggers Removed:

Appendix E-Filed

Triggers Affected:

Appeal Docketed

Briefing—Appellant’s Opening Brief Filed

Briefing—Appellant's Opening Brief Served Electronically or with Delivery on Date of Service in Proof of

Service

Briefing—Appellant's Opening Brief Served with Delivery Not on Date of Service in Proof of Service

Briefing—Appellant/Cross-Appellee's Response and Reply Brief Served Electronically or with Delivery on

Date of Service in Proof of Service

Briefing—Appellant/Cross-Appellee's Response and Reply Brief Served with Delivery Not on Date of Service

in Proof of Service

Briefing—Appellee’s Brief Filed

Briefing—Appellee's Brief Served Electronically or with Delivery on Date of Service in Proof of Service

Briefing—Appellee's Brief Served with Delivery Not on Date of Service in Proof of Service

Briefing—Appellee/Cross-Appellant's Principal and Response Brief Served Electronically or with Delivery on

Date of Service in Proof of Service

Briefing—Appellee/Cross-Appellant's Principal and Response Brief Served with Delivery Not on Date of

Service in Proof of Service

Notice that Appeal Classed for Oral Argument

Order Determining Excusable Neglect or Good Cause per FRAP 4(a)(5)(A) or 4(b)(4)

Order Disposing of Last Post-Judgment Motion Enumerated in FRAP 4(a)(4)(A) Entered (District Court)

Order Disposing of Motion for Certificate of Appealability or to Expand Certificate of Appealability

Order Disposing of Motion for Order Requiring Appellant to Order Additional Parts of Proceeding

Order Disposing of Motion to Consolidate Appeals

Order Disposing of Motion to Proceed In Forma Pauperis

Order Granting Motion to Set Aside Dismissal and Remedy Default Entered

Order re Appellee's Order for Additional Parts of Proceeding

Order re Appointment and/or Withdrawal of Counsel

Order re Designation by Appellee of Additional Parts of Proceeding to Be Ordered

Order re Request for Transcript at Government Expense

Record on Appeal Filed

Supplemental Record Filed

Transcript Filed (District Court)

Page 4 of 33

FEDERAL PROCEDURE

Federal Rules of Bankruptcy Procedure (FRBP)—Not Based on Rules Update

Event text edited in all U.S. Bankruptcy Court rule sets based on internal review.

Triggers Affected:

Time Fixed for Filing Objections to Disclosure Statement

FEDERAL

United States Court of Federal Claims (USCFC)—Updates Effective 8-2-21

Text Added:

Appendix F (14)(a)

Text Updated:

40.2(a)(3)(B)

40.2(b)(3)(D)

Appendix B 28(a)

Appendix C (2) [Deadline changed from 24 hours to 1 court day]

Appendix F (2)(f)(1)

Appendix F (2)(f)(2)

Appendix F (2)(g)

Appendix F (4)(a)

Appendix F (4)(b)

Appendix F (4)(e)

Appendix F (7)(b)(2)

Appendix F (7)(b)(3)

Appendix F (7)(b)(4)

Appendix F (7)(c)(2)

Appendix F (8)(a)

Appendix F (8)(b)

Triggers Added:

Order Requiring Identification of Partnership Representative in Tax Partnership Case

Vaccine Act—Response to Motion for Review of Special Master's Decision Filed

Triggers Affected:

Notice of Intent to File Protest Case Provided

Vaccine Act—Motion for Review of Special Master’s Decision Filed

Page 5 of 33

ALASKA

FEDERAL

USBC, District of Alaska (AKBK)—Updates Effective 8-19-21

Text Updated:

1007-1(d)

2016-1(h)(3)[D](i)→2016-1(h)(3)[C](i)

ARIZONA

FEDERAL

USBC, District of Arizona (AZBK)—Updates Effective 6-28-21

Text Updated:

ECF II(E)

CALIFORNIA

FEDERAL

USDC, Central District of California, Hon. Fernando L. Aenlle-Rocha (CAFLAR)—Updates Effective

7-29-21

Text Updated:

CTO II(A)(7)

USDC, Central District of California, Mag. Steve Kim (CASKIM)—Updates Effective August 2021

Text Updated:

JPS IN

USDC, Central District of California, Mag. Karen E. Scott (CAKES)—Updates Effective August 2021

Text Updated:

JPS JP 3

USDC, Central District of California, Hon. Josephine L. Staton (JST)—Updates Effective August 2021

Text Removed:

JPS JP (intro)

Page 6 of 33

Text Updated:

JPS MCC

Triggers Affected:

Hearing triggers

Notice of Removal Filed

Pleading—Complaint Filed

USDC, Eastern District of California, Hon. William B. Shubb (CAWBS)—Updates Effective August 2021

Text Updated:

SI IV

USDC, Northern District of California, Mag. Virginia K. DeMarchi (CAVKD)—Updates Effective

August 2021

Text Updated:

SOCC 3

Triggers Affected:

Hearing triggers

USDC, Northern District of California, Hon. Susan Illston (SI)—Updates Effective 8-3-21

Text Removed:

NDCA 5-1(e)(7)(A)

NDCA 5-1(e)(7)(B)

NDCA 5-1(e)(7)(C)

NDCA 5-1(e)(7)(E)

NDCA 5-1(e)(7)(F)

SO 4

Text Updated:

SN Notice LMC

Triggers Removed:

Document re Hearing in Less Than 7 Days Filed

Motion for Temporary Restraining Order or Other Emergency Ex Parte Relief Filed

Motion to Enlarge or Shorten Time E-Filed

Response or Opposition to Motion for Administrative Relief Filed

Response or Opposition to Motion for Temporary Restraining Order or Other Emergency Ex Parte Relief Filed

Response or Opposition to Motion to Enlarge or Shorten Time Filed

Triggers Affected:

Hearing on Motion

Hearing on Motion for Summary Judgment

Page 7 of 33

Motion Filed

Motion for Administrative Relief Filed

Motion for Judgment on Pleadings Filed

Motion for More Definite Statement Filed

Motion for New Trial Filed

Motion for Summary Judgment Filed

Motion Received

Motion to Dismiss per Rule 12 Filed

Motion to File Under Seal Filed

Motion to Strike Filed

Notice of Removal Filed

Pleading—Complaint Filed

Reply in Support of Motion Filed

USDC, Northern District of California, Mag. Donna M. Ryu (DMR)—Updates Effective 7-26-21

Text Updated:

TAP I

Triggers Affected:

Conference—Case Management Conference

Conference—Initial Case Management Conference

STATE

California Superior Court, Unlimited Division Template (CASCUD)—Not Based on Rules Update

Changes made based on internal review. Similar applicable changes made throughout all state court rule sets.

Triggers Affected:

Hearing on Order to Show Cause re, or Motion for, Preliminary Injunction

California Superior Court, Criminal Division (CACRIM)—Updates Effective 7-27-21

Text Updated:

1370(a)(2)(D)(i)

1372(a)(3)(C)

California Superior Court, Contra Costa County (CACCSC/LDCACD)—Not Based on Rules Update

Changes made based on internal review. Same changes also made in all discovery facilitator program rule sets.

Triggers Affected:

Hearing on Order to Show Cause re, or Motion for, Preliminary Injunction

Page 8 of 33

California Superior Court, El Dorado County (CAEDSC/LDCAEL)—Not Based on Rules Update

Changes made based on internal review. Same changes also made in probate division rule set.

Triggers Affected:

Hearing on Order to Show Cause re, or Motion for, Preliminary Injunction

California Superior Court, Lassen County (CALSSC/LDCALS)—Not Based on Rules Update

Changes made based on internal review.

Triggers Affected:

Hearing on Motion

Hearing on Motion to Compel Deposition Testimony

Hearing on Motion to Compel Discovery

Hearing on Motion to Enlarge or Shorten Time

Hearing on Motion—Service of Motion Complete

Hearing on Order to Show Cause re, or Motion for, Preliminary Injunction

California Superior Court, San Diego County (CASDSC/LDCASD)—Updates Effective August 2021

Changes made in all San Diego County rules sets.

Text Updated:

Civil Tentative Rulings→C-TR

California Superior Court, San Joaquin County (CASJSC)—Not Based on Rules Update

Changes made based on internal review. Changes also applied in probate division rule set.

Text Updated:

3-102(F)(1)

California Superior Court, San Joaquin County, Probate Division (CAPRSJ)—Updates Effective 7-1-21

Text Added:

4-109(B)

4-501(A)

4-501(B)

4-502(A)

4-504(A)

Text Updated:

4-101(C)(1)

4-101(C)(2)

4-101(C)(3)

4-106(C)

4-106(D)

4-106(F)

4-203(A)

Page 9 of 33

4-203(B)

4-214

Triggers Affected:

Hearing on Ex Parte Application

Hearing on Ex Parte Petition triggers

Hearing on Petition triggers

Petition Filed triggers

Review of Conservatorship

California Superior Court, Tuolumne County (CATUSC/LDCATO)—Not Based on Rules Update

Changes made based on internal review.

Triggers Affected:

Hearing on Order to Show Cause re, or Motion for, Preliminary Injunction

CONNECTICUT

FEDERAL

USBC, District of Connecticut (CTBK)—Updates Effective 8-2-21

Text Added:

3014-1

4001-4(a)

9006-1

Text Updated:

1004-1

1006-1(b)

1007-1(a)

1009-1

1019-1(a)

2004-1(b)(2)

2017-1

3003-1

3015-1

3015-2(a)

3016-1(b)

3018-1

3020-1

7002-1

7012-1

7026-1

7056-1

9014-1(d)(1)

Page 10 of 33

9014-1(j)(1)

9014-1(k)(1)

9027-1(d)

9077-1

9083-5(a)

9083-5(b)

Appx E I

Appx E II(2.3)

Appx F 9(o)

Triggers Removed:

Time Fixed for Making Election to Apply § 1111(b)(2) in Case Under Subchapter V of Ch.11 Filed

Triggers Added:

Hearing on Motion for Approval of Loan Modification

Notice of Motion for Approval of Loan Modification Mailed

Triggers Affected:

Plan Filed

Pleading—Complaint Filed

DELAWARE

STATE

Delaware Superior Court (DERCP)—Updates Effective 6-23-21

Changes applied in all state court rule sets.

Text Updated:

501

DISTRICT OF COLUMBIA

FEDERAL

USBC, District of Columbia (DCBK)—Updates Effective 7-30-21

Text Added:

GO 2021-03(2)

Text Updated:

2016-5(B)→2016-5(b)

2016-5(D)→2016-5(d)

GO 2021-03(1)

LF 14 2021(2.1)

LF 14 2021(2.3)

Page 11 of 33

LF 14 2021(4.1)(a)

LF 14 2021(4.1)(b)

LF 14 2021(7.1)

LF 14 2021(8.1)

Triggers Affected:

Order Confirming Plan Entered

Order Granting Motion for Relief from Automatic Stay Entered

USDC, District of Columbia (DCDCT)—Updates Effective 8-2-21

Text Updated:

73.1(b)

DISTRICT

District of Columbia Superior Court (DCSC)—Updates Effective 4-5-21

Text Removed:

40-III(g)(1)

Text Updated:

4(c)(1)

16(b)(2)

40-III(b)→40-III(c) [Deadline changed from 180 days to 90 days]

40-III(c)→40-III(d) [Deadline changed from 180 days to 90 days]

Triggers Affected:

Conference—Initial Scheduling and Settlement Conference

Pleading—Complaint Filed

Pleading—Complaint Received

FLORIDA

FEDERAL

USBC, Southern District of Florida (FLSBK)—Updates Effective August 2021 and 8-12-21

Text Added:

JSCR 3

JSCR 4

JSCR 12

Text Updated:

2002-1(F)

9073-1(B)

Page 12 of 33

Triggers Removed:

Notice of Hearing Served

Notice of Requested Relief or Proposed Action Served

Order Setting Filing and Disclosure Requirements for Pretrial and Trial Served by Any Means

Request for Certification Served

Triggers Added:

Conference—Judicial Pre-Settlement Conference

Conference—Judicial Settlement Conference

Triggers Affected:

Entry of Final Judgment or Order

Notice and Opportunity for Hearing on Motion for Relief from Automatic Stay Served by Any Means→Notice

and Opportunity for Hearing on Motion for Relief from Automatic Stay Served

Notice and Opportunity for Hearing on Motion Served by Mail, to Clerk, or to Designated Agency

Notice and Opportunity for Hearing on Motion Served Personally or Electronically

Notice and Opportunity for Hearing on Motion to Use, Sell, or Lease Property Not in Ordinary Course of

Business Served

Notice and Opportunity for Hearing re Proposed Abandonment of Property Served

Notice of Ch. 7 Trustee’s Final Report and Applications for Compensation Served

Notice of Deadline to Object to Individual Ch. 11 Debtor's Statement Served

Notice of Removal Filed

Order Entered triggers

Order for Relief Entered triggers

Order Granting Lender's Motion for Referral to Mortgage Modification Mediation

Order Granting Pro Se Motion for Referral to Mortgage Modification Mediation

Petition Filed in Ch. 11 Involuntary Case

Petition Filed in Ch. 11 Voluntary Case

Petition Filed in Ch. 12 Case

Petition Filed in Ch. 13 Case

Petition Filed in Ch. 7 Involuntary Case

Petition Filed in Ch. 7 Voluntary Case

Petition Filed in Ch. 9 Case

Pleading—Complaint Filed

USDC, Middle District of Florida (MDFL)—Updates Effective 8-9-21

Text Updated:

AP F(2)

Page 13 of 33

STATE

Florida Rules of Civil Procedure (FLACP)—Updates Effective August 2021

Changes applied in all circuit court rule sets.

Text Updated:

768.28(1)

768.28(6)(a)

Florida Circuit Court, 10th Judicial Circuit (FL10)—Updates Effective 8-12-21

Text Updated:

AO 1-60.0 8(a)→AO 1-60.2 7(a)

AO 1-60.0 8(c)→AO 1-60.2 7(c)(i)

AO 1-60.0 CCMP DMO→AO 1-60.2 CCMP DMO

AO 1-60.0 CCMP DOPPM→AO 1-60.2 CCMP DOPPM

[Deadline changed from date set by court to earlier of 45 days after

filing or by the pretrial conference]

AO 1-60.0 CCMP DSC→AO 1-60.2 CCMP DSC

Triggers Affected:

Civil Case Management Plan—Deadline to Resolve Objections to Pleadings and Pretrial Motions for

Streamlined or General Track Case→Motion—Pretrial Motions and/or Objections to Pleadings in Case

with Civil Case Management Plan for Streamlined or General Track Case Filed

Conference—Pretrial Conference

Florida Circuit Court, 18th Judicial Circuit – Seminole County (FL18SC)—Updates Effective 8-9-21

Changes also applied in Brevard County Circuit Court rule set.

Text Added:

AO 21-24 15

AO 21-24 Exh. B CMO Par. 4

AO 21-24 Exh. B CMO Par. 5

AO 21-24 Exh. B CMO Par. 6

AO 21-24 Exh. B CMO Par. 8

AO 21-24 Exh. B CMO Par. 9

AO 21-24 Exh. B O 4

AO 21-24 Exh. B O 6

Text Updated:

AO 21-24 1

AO 21-24 5

AO 21-24 6

AO 21-24 Exh. A & B CMO Par. 4→AO 21-24 Exh. A CMO Par. 4

AO 21-24 Exh. A & B CMO Par. 5→AO 21-24 Exh. A CMO Par. 5

AO 21-24 Exh. A & B CMO Par. 6→AO 21-24 Exh. A CMO Par. 6

Page 14 of 33

AO 21-24 Exh. A & B CMO Par. 8→AO 21-24 Exh. A CMO Par. 8

AO 21-24 Exh. A & B CMO Par. 9→AO 21-24 Exh. A CMO Par. 9

AO 21-24 Exh. A & B O 4→AO 21-24 Exh. A O 4

AO 21-24 Exh. A & B O 6→AO 21-24 Exh. A O 6

Triggers Affected:

Case Management Order—Deadline for Plaintiff to Disclose Expert Witnesses in General or Streamlined Case

Case Management Order—Deadline to Complete Mediation in General or Streamlined Case

Case Management Order—Deadline to Disclose Fact Witnesses in General or Streamlined Case

Case Management Order—Deadline to Resolve Objections to Pleadings and Pre-trial Motions in General or

Streamlined Case

Case Management Order—Deadline to Serve Requests to Add New Parties or Amend Pleadings in General or

Streamlined Case

Discovery—Plaintiff’s Expert Witnesses Disclosed in General or Streamlined Case

Mediation—Conference

Order Disposing of Motion to Strike, for More Definite Statement, or to Dismiss Per Rule 1.140

Order—Case Management Order in General or Streamlined Case

Pleading—Amended Answer Served by Mail

Pleading—Amended Answer Served by Means Other than Mail

Pleading—Amended Reply Served by Mail

Pleading—Amended Reply Served by Means Other than Mail

Pleading—Answer Served by Mail

Pleading—Answer Served by Means Other than Mail

Pleading—Complaint Filed

Pleading—Reply Served by Mail

Pleading—Reply Served by Means Other than Mail

Pleading—Request for Waiver of Service of Summons Received

Pleading—Summons and Complaint Served Personally

HAWAII

FEDERAL

USBC, District of Hawaii (HIBK)—Not Based on Rules Update

Duplicate trigger replaced.

Triggers Affected:

Order Converting Case to Ch. 11

Page 15 of 33

ILLINOIS

FEDERAL

USDC, Northern District of Illinois, Criminal Rules (ILNDCR)—Updates Effective August 2021

Text Updated:

10.1

12.1(b)

41(d)

41(e)

44.1(3)

47.1(a)

47.1(c)

57.1

USDC, Northern District of Illinois, Hon. Jorge L. Alonso (ILJLA)—Updates Effective August 2021

Text Updated:

JI Notice

USDC, Northern District of Illinois, Hon. Marvin E. Aspen (ILMEA)—Updates Effective August 2021

Text Updated:

JI Notice

USDC, Northern District of Illinois, Hon. Elaine E. Bucklo (ILEEB)—Updates Effective August 2021

Text Updated:

JI Important Info

USDC, Northern District of Illinois, Hon. Edmond E Chang (ILEEC)—Updates Effective 8-24-21

Text Updated:

SO re PPO 7

USDC, Northern District of Illinois, Hon. Thomas M. Durkin (ILTMD)—Updates Effective August 2021

Text Updated:

JI Important Info

USDC, Northern District of Illinois, Hon. Sara L. Ellis (ILSLE)—Updates Effective August 2021

Text Removed:

JI Notice 1

Page 16 of 33

Triggers Affected:

Hearing triggers

USDC, Northern District of Illinois, Mag. Jeffrey T. Gilbert (ILJTG)—Updates Effective 7-23-21

Text Updated:

ISR

USDC, Northern District of Illinois, Mag. Lisa A. Jensen (ILLAJ)—Updates Effective August 2021

Text Updated:

JI Motions

USDC, Northern District of Illinois, Hon. Manish S. Shah (ILMSS)—Updates Effective August 2021

Text Removed:

CP ISC

Text Updated:

PTO Contents of PTO 7

Triggers Affected:

Conference—Final Pretrial Conference

Hearing—Initial Status Hearing

USDC, Northern District of Illinois, Hon. Frank U. Valderrama (ILFUV)—Updates Effective August

2021

Text Updated:

CP JISR

USDC, Southern District of Illinois (SDIL)—Updates Effective August 2021

Text Updated:

ECF 3

ECF 11

Page 17 of 33

MASSACHUSETTS

STATE

Massachusetts Superior Court Rules, Standing Orders, and RCP (MASCR)—Updates Effective 9-1-21

Applicable changes also made in Housing Court and Suffolk County rule sets.

Text Added:

5(d)(1) [Not based on rules update]

6(e)

SCR 74(1)

SCR 74(2)

SCR 74(3)

SCR 74(4)

Text Updated:

5(f)

Triggers Added:

Entry of Judgment (Criminal Court)

Hearing on Petition for Forfeiture of Asset

Notice of Petition for Forfeiture of Asset Provided

Order of Notice re Petition for Forfeiture of Asset Issued

Triggers Affected:

Cross-Motion with Response or Opposition to Motion for Summary Judgment Served by Mail or Electronic

Service

Cross-Motion with Response or Opposition to Motion Served by Mail or Electronic Service

Motion for Judgment on Pleadings Served by Mail or Electronic Service in Track X Case Seeking Judicial

Review of Administrative Agency Proceeding

Motion for New Trial Served by Mail or Electronic Service

Motion for Summary Judgment Served by Mail or Electronic Service

Motion Served by Mail or Electronic Service

Pleading—Complaint Filed

Pleading—Complaint Received

MICHIGAN

STATE

Michigan Supreme Court (MISC)—Updates Effective 9-1-21

Updates also made in Michigan Court of Appeals rule set.

Text Updated:

7.305(C)(6)→7.305(C)(5)

Page 18 of 33

Michigan Circuit Court, Genesee County (7th CIR.) (MIGEN)—Not Based on Rules Update

Changes based on internal review.

Text Removed:

2.119(A)-(B)

Triggers Affected:

Pleading—Complaint Filed

Pleading—Response to Complaint Due Per Order When Summons and Complaint Served by Publication or

Posting

Pleading—Summons and Complaint Served

Pleading—Third-Party Complaint Served

Michigan Circuit Court, Jackson County (4th CIR.) (MIJACK)—Not Based on Rules Update

Changes based on internal review.

Text Removed:

2.403(B)(2)

Triggers Removed:

Settlement or Disposition of Case

Michigan Circuit Court, Oakland County (6th CIR.) (MIOAK)—Not Based on Rules Update

Changes based on internal review.

Text Removed:

2.202

2.315

Triggers Affected:

Entry of Judgment or Appealable Order

Order Granting Leave to Add or Delete Party

Order Granting Leave to Substitute Counsel

Michigan Circuit Court, St. Joseph County (45th CIR.) (MISJO)—Not Based on Rules Update

Changes based on internal review.

Text Removed:

2.403(B)

Triggers Affected:

Order of Referral to Mediation Entered

Page 19 of 33

Michigan Circuit Court, Wayne County (3rd CIR.) (MIWYN)—Not Based on Rules Update

Changes based on internal review.

Text Removed:

2.100(C)

2.119(D)

Triggers Removed:

Motion or Order to Show Cause Filed

Praecipe Filed

Michigan District Court, 36th District Court (MI36)—Not Based on Rules Update

Changes based on internal review.

Text Removed:

2.119(A)-(C)

Triggers Affected:

Pleading—Complaint Filed

Pleading—Response to Complaint Due Per Order When Summons and Complaint Served by Publication or

Posting

Pleading—Summons and Complaint Served

MISSISSIPPI

FEDERAL

USDC, Northern District of Mississippi (MSNSDC)—Updates Effective 8-2-21

Text Added:

ND ECF VIII(A)

Text Updated:

ND ECF 3(A)(6)→ND ECF III(A)(6)

ND ECF 3(B)(2)→ND ECF III(B)(2)

ND ECF 3(D)(2)→ND ECF III(D)(2)

Triggers Added:

E-Filing System Deemed Subject to Technical Failure on Filing Deadline

Triggers Affected:

Judgment Entered on Docket (SELECT IF SEPARATE DOCUMENT REQUIRED BY NOT PREPARED)

Page 20 of 33

USDC, Southern District of Mississippi (MSSDC)—Updates Effective January 2021

Text Added:

SD ECF 8(A)

Text Updated:

SD ECF 3(A)(6)

Triggers Added:

E-Filing System Deemed Subject to Technical Failure on Filing Deadline

NEW JERSEY

FEDERAL

USDC, District of New Jersey (NJDC)—Updates Effective 7-29-21

Regular motion days for 2022 also added.

Text Removed:

SO 18-2

PSSPP 2(d)

PSSPP 2(e)

Text Added:

2022 RMD

Triggers Removed:

Social Security Case—Proposed Consent to Jurisdiction of Magistrate Judge for Social Security Appeal Issued

in Pilot Project Case

Hearing—2021 Regular Motion Day (1-4-21)

Hearing—2021 Regular Motion Day (1-19-21)

Hearing—2021 Regular Motion Day (2-1-21)

Hearing—2021 Regular Motion Day (2-16-21)

Hearing—2021 Regular Motion Day (3-1-21)

Hearing—2021 Regular Motion Day (3-15-21)

Hearing—2021 Regular Motion Day (4-5-21)

Hearing—2021 Regular Motion Day (4-19-21)

Hearing—2021 Regular Motion Day (5-3-21)

Hearing—2021 Regular Motion Day (5-17-21)

Hearing—2021 Regular Motion Day (6-7-21)

Hearing—2021 Regular Motion Day (6-21-21)

Triggers Added:

Hearing—2022 Regular Motion Day (1-3-22)

Hearing—2022 Regular Motion Day (1-18-22)

Page 21 of 33

Hearing—2022 Regular Motion Day (2-7-22)

Hearing—2022 Regular Motion Day (2-22-22)

Hearing—2022 Regular Motion Day (3-7-22)

Hearing—2022 Regular Motion Day (3-21-22)

Hearing—2022 Regular Motion Day (4-4-22)

Hearing—2022 Regular Motion Day (4-18-22)

Hearing—2022 Regular Motion Day (5-2-22)

Hearing—2022 Regular Motion Day (5-16-22)

Hearing—2022 Regular Motion Day (6-6-22)

Hearing—2022 Regular Motion Day (6-21-22)

Hearing—2022 Regular Motion Day (7-5-22)

Hearing—2022 Regular Motion Day (7-18-22)

Hearing—2022 Regular Motion Day (8-1-22)

Hearing—2022 Regular Motion Day (8-15-22)

Hearing—2022 Regular Motion Day (9-6-22)

Hearing—2022 Regular Motion Day (9-19-22)

Hearing—2022 Regular Motion Day (10-3-22)

Hearing—2022 Regular Motion Day (10-17-22)

Hearing—2022 Regular Motion Day (11-7-22)

Hearing—2022 Regular Motion Day (11-21-22)

Hearing—2022 Regular Motion Day (12-5-22)

Hearing—2022 Regular Motion Day (12-19-22)

NEW MEXICO

STATE

New Mexico Rules of Civil Procedure for the District Courts (NMRCP)—Updates Effective 9-7-21

Changes also applied in 2nd Judicial District Court rule set.

Text Added:

1-003.3

1-054.2

Triggers Affected:

Matter Taken Under Advisement

Pleading—Complaint Filed

NEW YORK

FEDERAL

USBC, Southern District of New York, Hon. David S. Jones (NYDSJ)—Updates Effective August 2021

Text Updated:

CR EHT

Page 22 of 33

USDC, Eastern District of New York, Hon. Frederic Block (NYFB)—Updates Effective August 2021

Text Updated:

2(D)

3(B)

USDC, Eastern District of New York, Hon. Ann M. Donnelly (NYAMD)—Updates Effective 8-4-21

Text Updated:

IPR 4.A

USDC, Eastern District of New York, Mag. James M. Wicks (NYJMW)—Updates Effective 8-6-21

Text Added:

IPR 7.A

IPR 7.B

Text Updated:

IPR 3.A [Deadline changed from 3 court days to 4 calendar days]

Triggers Added:

Conference—Initial Conference

Triggers Affected:

Conference—Final Pretrial Conference

Conference—Initial Scheduling Conference in Patent Case

Conference—Scheduling Conference

FRCP 26(f) Conference

Letter Motion Received

USDC, Southern District of New York, Mag. Sarah L. Cave (NYSLC)—Updates Effective 8-25-21

Text Updated:

CMP 8(b)

STATE

New York State Statutes of Limitations (NYSOL)—Updates Effective 7-28-21

Text Updated:

212(a)

212(b)

212(c)

212(d)

212(e) [Deadline changed from 10 years to 15 years]

Page 23 of 33

Triggers Affected:

Victimization by Sex Trafficking, Compelling Prostitution, or Labor Trafficking Ends

New York Surrogates Court (NYSURR)—Updates Effective 8-2-21

Text Updated:

2222-a

Triggers Affected:

Order Directing that No Payment Be Made to Inmate to Prisoner for 30 Days Entered→Order Directing that No

Payment Be Made to Incarcerated Individual or Prisoner for 30 Days Entered

New York State Supreme Court, Appellate Division, First Judicial Department (NY1AD)—Not Based on

Rules Update

Term Filing Deadlines for 2022 added. Deadlines for 2019 and 2020 terms removed. Similar applicable changes

made in Bronx and New York County trial court rule sets.

Text Removed:

2018/2019 Calendar

2020 Calendar

Text Added:

TFD 2022

Triggers Removed:

Oral Argument for [XXX] 2019 Term triggers

Oral Argument for [XXX] 2020 Term triggers

Triggers Added:

Oral Argument for [XXX] 2022 Term triggers

Triggers Affected:

Briefing—Respondent’s Brief Served

Briefing—Respondent-Appellant's Answering Brief in Cross Appeal Filed

Notice of Appeal (Trial Court)

Oral Argument for [XXX] 2021 Term triggers

Order Granting Leave to Appeal (Trial Court)

Order of Transfer of CPLR Art. 78 Proceeding (Trial Court)

New York Civil Rule for Supreme and County Courts (NYURCD)—Updates Effective 8-2-21

Changes made in all NY trial court rule sets.

Text Updated:

5011

Page 24 of 33

Triggers Affected:

Order Directing that No Payment Be Made to Inmate to Prisoner for 30 Days Entered→Order Directing that No

Payment Be Made to Incarcerated Individual or Prisoner for 30 Days Entered

New York Supreme Court, 1st Judicial District, New York County, Hon. Richard G. Latin (NYNYRL)—

Updates Effective August 2021

Text Removed:

JA Latin II(1)

Text Updated:

JA Latin II(6)→JA Latin II(5)

Triggers Affected:

Hearing triggers

New York Supreme Court, 2nd Judicial District, Kings County (NYKISC)—Updates Effective 8-16-21

Text Updated:

UCTR C(6)

UCTR M(CDPR)(FCCP)→UCTR M(CDPR)(FCP)

UCTR M(CDPR)(I/PC)(D&I)

UCTR M(CDPR)(M)

UCTR M(CDPR)(S)

Triggers Added:

Conference in Final Conference Part

NORTH CAROLINA

STATE

North Carolina Office of Administrative Hearings, Hearings Division (NCOAHH)—Updates Effective

8-1-21

Text Added:

03.0123(f)

Text Updated:

03.0123(f)→03.0123(d)

Triggers Added:

Transcript Contract Served to Transcriptionist

Page 25 of 33

Triggers Affected:

Contested Certificate of Need Case—Hearing

Hearing on Motion

Hearing—Contested Case Hearing on Merits

Hearing—First Scheduled Hearing in Consolidated Contested Case

North Carolina Rules of Civil Procedure (NCRCP)—Not Based on Rules Update

Changes made based on internal review. Updates applicable in all superior court and business court rule sets.

Triggers Affected:

Pleading—Answer to Crossclaim Served by Mail

Pleading—Reply to Answer Served by Mail

Pleading—Reply to Counterclaim Served by Mail

North Carolina Superior Court, 4th Judicial District, Duplin, Jones, Onslow, and Sampson Counties

(NC04BS)→North Carolina Superior Court, 4B Judicial District, Onslow County (NC04BS)—Updates

Effective August 2021

4th Judicial District County rule sets split into two different rule sets.

OHIO

STATE

Ohio Court of Appeals, 6th District (Erie, Fulton, Huron, Lucas, Ottawa, Sandusky, Williams, and Wood

Counties) (OHCOA6)—Updates Effective 8-24-21

Text Added:

9(E)

Text Updated:

9(A)(1)

Triggers Removed:

Briefing—Appellee’s Brief Served

Briefing—Appellee/Cross-Appellant’s Brief Served

Triggers Added:

Briefing—Appellee’s Brief Served by Mail or Commercial Carrier

Briefing—Appellee’s Brief Served by Means Other than Mail or Commercial Carrier

Briefing—Appellee/Cross-Appellant’s Brief Served by Mail or Commercial Carrier

Briefing—Appellee/Cross-Appellant’s Brief Served by Means Other than Mail or Commercial Carrier

Triggers Affected:

Briefing—Appellant's Brief in Accelerated Calendar Case Served by Mail or Commercial Carrier

Briefing—Appellant's Brief in Accelerated Calendar Case Served by Means Other than Mail or Commercial

Carrier

Briefing—Appellant's Brief Served by Mail or Commercial Carrier

Page 26 of 33

Briefing—Appellant's Brief Served by Means Other than Mail or Commercial Carrier

Notice of Filing of Record in Accelerated Case Mailed

Notice of Filing of Record Mailed

Notice of Scheduling of Oral Argument

Oral Argument

Ohio Court of Appeals, 12th District (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and

Warren) (OHCA12)—Updates Effective 8-9-21

Text Removed:

6(F)

Text Added:

12(C)

Text Updated:

12(B)

12(C)→12(D)

16(B)

21(E)

Triggers Added:

Notice of In-Person Argument

Triggers Affected:

Oral Argument

Order—Scheduling Order Accelerating Appeal Journalized

Ohio Court of Common Pleas, Montgomery County (OHMOCP)—Updates Effective 8-19-21

Text Added:

2.03(A)(3)(b)

Triggers Removed

Order Denying Request for Waiver of Prepayment of Costs or Fees Based on Indigent Status Issued

Triggers Added:

Order Requiring Payment of Deposit for Security After Application for Fee Waiver Denied Issued

Page 27 of 33

PENNSYLVANIA

STATE

Pennsylvania Court of Common Pleas, 23rd Judicial Circuit, Berks County (PA23)—Updates Effective

7-30-21

Text Updated:

UN

SOUTH CAROLINA

STATE

South Carolina Court of Appeals (SCCOA)—Updates Effective 8-25-21

Updates also effective in Supreme Court rule set.

Text Added:

2021-08-25-02(c)

Triggers Affected:

Notice of Appeal Served

TEXAS

FEDERAL

USDC, Western District of Texas, Hon. Alan D. Albright (TXADA)—Updates Effective 8-18-21

Text Updated:

SO re MFIDT [Deadline to provide Status Report on Motions for Inter-District

Transfers changed from 6 weeks to 4 weeks]

Triggers Affected:

Hearing—Markman Hearing per Order Governing Proceedings - Patent Case

Page 28 of 33

VERMONT

STATE

Vermont Supreme Court (VTRAP)—Updates Effective 7-15-21 and 8-17-21

Applicable changes also made in Vermont Rules of Civil Procedure rule set.

Text Removed:

10(c)(2)(B)

10(c)(2)(C)

30(a)(3)

32(b)(3)

Text Added:

5(a)(3)

5(b)(6)(B)

5(b)(7)(D)

5.1(b)(5)

5.1(c)(2)

6(a)(7)

12(c)(2)

30(c)→30(b)

44(a)

VTEF 5(e)(3)

VTEF 6(d)(3)

Text Updated:

4(a)(6)

5(b)(7)(A)

5(b)(7)(C)

5.1(b)(2)

5.1(b)(4)

6(a)(4)

6(a)(6)

6(b)(10)(B)

10(b)(1)

10(b)(8)(A)

10(b)(8)(B)

10(b)(9)(A)

10(b)(9)(B)

10(d)→10(c)

10(e)→10(d)

11(a)(2)

11(b)(1)

11(b)(5)

12(b)(2)

Page 29 of 33

12(c)(3)→12(c)(2)

12(d)(3)→12(d)(2)

28(i)(2)→28(g)(2)

45(b)(2)

VTEF 6(c)(3)

Triggers Removed:

Motion for Permission to Appeal Interlocutory Order Served

Motion for Reconsideration of Order Denying Motion for Permission to Appeal Final Judgment or Order

Served

Notice of Completion and Availability of Record Containing Untranscribed Video-Recording of Proceedings

Received

Transcript of Video-Recorded Proceeding Completed

Order Denying Motion for Permission to Appeal Final Judgment or Order Entered (Superior Court)

Order Denying Motion for Permission to Appeal Interlocutory Order Entered (Superior Court)

Order Granting Permission to Appeal Final Judgment or Order by Supreme Court Entered (Superior Court)

Triggers Added:

Docketing Statement of Appellant Filed and Served by Mail, Commercial Carrier, Electronic Means, or

Leaving with Clerk

Motion for Permission to Appeal Served

Notice of Rejected Filing Received

Order Accepting Appeal Entered

Order Denying Motion for Permission to Appeal Entered (Superior Court)

Triggers Affected:

Briefing—Appellant's Brief Served by Mail, Commercial Carrier, Electronic Means, or Leaving with Clerk

Briefing—Appellant's Brief Served by Means Other than Mail, Commercial Carrier, Electronic Means, or

Leaving with Clerk

Briefing—Appellant's Reply Brief Served by Mail, Commercial Carrier, Electronic Means, or Leaving with

Clerk

Briefing—Appellant's Reply Brief Served by Means Other than Mail, Commercial Carrier, Electronic Means,

or Leaving with Clerk

Briefing—Appellee's Brief Served by Mail, Commercial Carrier, Electronic Means, or Leaving with Clerk

Briefing—Appellee's Brief Served by Means Other than Mail, Commercial Carrier, Electronic Means, or

Leaving with Clerk

Copy of Video-Recorded or Audio-Recorded Proceedings Received by Court to Complete Record→Copy of

Audio-Recorded Proceedings Received by Court to Complete Record

Docketing Statement of Appellant Filed and Served→Docketing Statement of Appellant Filed and Served by

Means Other than Mail, Commercial Carrier, Electronic Means, or Leaving with Clerk

Entry of Judgment or Final Order (Superior Court)

Judgment or Final Order Entered on Docket (Superior Court)

Motion to Dismiss for Failure to Forward or Docket Appeal Served→Motion to Dismiss for Failure to Order

Transcript or Pay Entry Fee Served

Notice of Appeal Filed (Superior Court)

Notice of Appeal Filed by Inmate Docketed (Superior Court)

Page 30 of 33

Notice of Completion of Record Not Including Audio or Video Recording Docketed→Notice of Completion of

Record Not Including Audio Recording Docketed

Order Denying Motion for New Trial Entered (Superior Court)

Order Disposing of Motion for Attorney's Fees Having Same Effect as Other Post-Judgment Motions Entered

(Superior Court)

Order Disposing of Motion for Relief from Default Judgment Entered (Superior Court)

Order Disposing of Motion for Relief from Judgment or Order Filed Within 28 Days After Entry of Judgment

Entered (Superior Court)

Order Disposing of Motion to Amend or Alter Judgment Entered (Superior Court)

Order Disposing of Motion to Amend or Make Additional Factual Findings Entered (Superior Court)

Order Disposing of Renewed Motion for Judgment as Matter of Law Entered (Superior Court)

Order to Reopen Time to Appeal for 14 Days Based on Lack of Notice Entered (Superior Court)

Vermont Rules of Civil Procedure (VTRCP)—Updates Effective 8-9-21 and 8-17-21

Text Removed:

78(b)(2)

Text Added:

56(c)(5)

Text Updated:

7(b)(4)→7(b)(6)

78(b)(1)→7(b)(4)

Triggers Removed:

Motion Served

Triggers Added:

Motion—Dispositive Motion Served

Motion—Non-Dispositive Motion Served

Triggers Affected:

Motion for Summary Judgment Served

Response or Opposition to Motion Served

Page 31 of 33

VIRGINIA

STATE

Virginia Circuit Court, Fairfax County (VAFACC)—Updates Effective July and August 2021

Text Removed:

CCR-E-10 Information (Courtcall)

CCR-E-20 Information (Courtcall)

CCR-E-60 1

CCR-E-60 PNF

Text Added:

CCCPP CCC CCTA

CCCPP PRCSD

CCR-F-20

Text Updated:

CCR-E-10 Instructions (Date/Time)

Triggers Removed:

Service Request Form Submitted to CourtCall

Triggers Added:

Hearing—Calendar Control Hearing

Triggers Affected:

Hearing on One-Week Friday Motion

Hearing on Two-Week Friday Motion

Virginia Court of Appeals (VACOA)—Updates Effective August 2021

Updates also applicable in Supreme Court rule set.

Text Updated:

5A:33(a)

5A:34(a)

WASHINGTON

STATE

Washington Superior Court, Clark County (WACLSC)—Updates Effective 9-1-21

Text Updated:

6(d)

40(c)(4)

Page 32 of 33

Triggers Affected:

Hearing triggers

Washington Superior Court, King County (WAKCSC)—Updates Effective 9-1-21

Text Added:

7(b)(4)(H)

Text Updated:

4(k)

4(m)

7(b)(4)(A) [Deadline changed from 6 court days to 9 court days at 4:30 PM]

7(b)(4)(D) [Deadline changed from 2 court days at noon to four court days at

4:30 PM]

7(b)(4)(E) [Deadline changed from 1 court day at noon to 2 court days at 4:30

PM]

7(b)(5)(A)

7(b)(8)(A)

7(b)(8)(B)(v)

7(b)(10)(D) [Deadline changed from 1 court day to 2 court days]

58(h)(1)

59(b)

77(i)(9)

LCAR 4.4(a)

Triggers Removed:

Motion to Shorten Time Filed and Served

Triggers Added:

Hearing on Motion to Shorten Time

Hearing on Stipulated and Agreed Motion

Triggers Affected:

Hearing on Motion

Hearing on Motion for Summary Judgment

Trial

Trial Before Referee

Washington Superior Court, Pierce County (WAPCSC)—Updates Effective 9-1-21

Text Added:

3(b)

Form F

Page 33 of 33

Text Updated:

3(c)

7(a)(4)

41(e)(1)

Triggers Added:

Hearing—Mandatory Court Review Hearing

Triggers Affected:

Case Schedule Filed or Assigned in Complex Case

Case Schedule Filed or Assigned in Expedited Case

Case Schedule Filed or Assigned in Standard Case

Discovery Cutoff

Hearing triggers

Notice of Settlement Provided by Telephone or in Open Court

Settlement

WYOMING

STATE

Wyoming Rules of Civil Procedure – District Court (WYRCP)—Updates Effective 9-1-21

Text Added:

5(e)(1)

5(e)(5)

Text Updated:

5(e)→(e)(3)(A)

Triggers Affected:

Pleading—Complaint Filed

Pleading—Complaint Received