aln rule set update details may 1, 2016 - american … rule set update details may 1, 2016 ......

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ALN Rule Set Update Details May 1, 2016

GOVERNMENT AGENCIES

United States International Trade Commission (USITC)—Not Based on Rules Update

USCA, Federal Circuit (FDCIR)—Not Based on Rules Update

Added deadline to appeal based on client feedback.

Text Added:

19 U.S.C. 1337(c)

19 U.S.C. 1337(d)

19 U.S.C. 1337(g)

Triggers Affected:

Final Determination re Exclusion of Articles from Entry into United States or Cease and Desist Order [(U.S.

International Trade Commission)]

United States Tax Court (USTAX)—Updates Effective 3-28-16

Text Added:

280(b)(1)

26 U.S.C. 6226(a) (2015 amendment)

26 U.S.C. 6031 note re 2015 amendments

26 U.S.C. 6221 note re 2015 amendments

26 U.S.C. 6228 note re 2015 repeal

26 U.S.C. 6234(a)

26 U.S.C. 6234(c) (2015 amendment)



Text Updated:

26 U.S.C. 6404(h)

26 U.S.C. 7428(a)(1)

ECF VI(Timeliness)

Triggers Affected:

Claim to Abate Interest per § 6404 Filed (Internal Revenue Service)

Final Determination Denying Request for Abatement of Interest Mailed

Notice of Adjustment of Items Other than Partnership Items re Oversheltered Return Served by Mail Outside

U.S.

Notice of Adjustment of Items Other than Partnership Items re Oversheltered Return Served by Mail Within

U.S.

http://www.americanlegalnet.com/

http://www.americanlegalnet.com/edockets.aspx

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Notice of Final Partnership Adjustment in Case Where Partnership Elected to Apply 2015 Amendments to

Return

Notice of Final Partnership Administrative Adjustment Mailed

Notice of Partnership Adjustment Mailed

Request for Administrative Adjustment of Partnership Items Filed

IP RULES

Patent Trial and Appeal Board – Trial Practice and Procedure and Appeals and Interferences

(PTABAI)—Updates Effective 5-2-16

Text Added:

42.11(d)(2)

42.100(b)

42.200(b)

42.300(b)

Text Updated:

42.70(b) [Deadline changed from 5 court days to 7 court days]

Triggers Affected:

Motion for Sanctions per 37 C.F.R. § 42.11 Served

Oral Argument Oral Argument in Contested Case

Petition for Inter Partes Review Filed

Petition for Post-Grant Review Filed

Petition for Transitional Program for Covered Business Method Patent Filed

FEDERAL APPEALS

U.S. Court of Appeals, 10th Circuit (10CIRC)—Updates Effective 5-9-16

Text Updated:

34.1(A)(3) [Deadline changed from 10 days to 20 days]

Triggers Affected:

Oral Argument

U.S. Court of Appeals, 11th Circuit (11CIRC)—Updates Effective 4-1-16

Text Updated:

39 I.O.P. 1

Triggers Affected:

Entry of Judgment



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FEDERAL PROCEDURE

Federal Rules of Civil Procedure (FRCP)—Not Based on Rules Update

Federal Rules of Appellate Procedure (FRAP)—Not Based on Rules Update

Changes made in all U.S. District Courts and Courts of Appeals based on client feedback. Applicable changes

also made in U.S. Court of Federal Claims.

Triggers Affected:

Order—Amended Interlocutory Order Including Permission or Statement to File Petition for Appeal Entered

[(District Court)]

Order—Interlocutory Order Not Requiring District Court Order Granting Permission to File Petition for Appeal

Entered [(District Court)]

Order—Interlocutory Order Stating Immediate Appeal May Materially Advance Termination of Litigation

Entered [(District Court)]

Federal Rules of Criminal Procedure (FRCRP)—Not Based on Rules Update

Notice of appeal deadlines added.

Text Added:

FRAP 4(b)(1)(A)

FRAP 4(b)(1)(B)

FRAP 4(b)(3)(A)

FRAP 4(c)(2)

FRAP 4(c)(3)

Triggers Affected:

Entry of Judgment of Conviction After Defendant Filed Post-Trial Motion

Entry of Judgment or Appealable Order

Notice of Appeal by Inmate Docketed

Notice of Appeal Filed by Defendant

Notice of Appeal Filed by Government

Order Disposing of Motion for Arrest of Judgment Entered

Order Disposing of Motion for Judgment of Acquittal Entered

Order Disposing of Motion for New Trial Based on Newly Discovered Evidence Filed No Later than 14 Days

After Entry of Judgment Entered

Order Disposing of Motion for New Trial Not Based on Newly Discovered Evidence Entered

ALABAMA

FEDERAL

USDC, Middle District of Alabama (ALMDC1)—Updates Effective 4-4-16

Text Removed:

Transcripts



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CALIFORNIA

FEDERAL

USDC, Central District of California—Not Based on Rules Update

Applicable judges’ rule sets updated to avoid application of service offset re ex parte applications.

Triggers Affected

Ex Parte Application Served on Other Party

USDC, Central District of California, Hon. R. Gary Klausner (RGK)—Updates Effective 12-3-13, 3-2016

and 4-15-16

Text Updated

FAQ 1

FAQ 13FAQ 14

CCTO Scheduling 4

CJTO Scheduling 4CJTO Scheduling 3

USDC, Central District of California, Mag. Gail J. Standish (CAGJS)—Updates Effective 4-4-16

Text Updated

FAQ 3(b)

Triggers Affected

Discovery—Meet and Confer Session re Discovery Dispute

Discovery—Draft E-Mail Requesting Pre-Motion Telephone Conference Received

USDC, Central District of California, Mag. Patrick J. Walsh (PJW)—Updates Effective 4-22-16

Text Removed

FAQ 13(c)

Text Added

FAQ 2

Text Updated

FAQ 1

FAQ 6

FAQ 13(b)

FAQ 16FAQ 15



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Triggers Affected

Conference Triggers

Discovery—Email Raising Discovery Dispute Received

Discovery—Response re Discovery Dispute Emailed

Hearing Triggers

Request to Seal Application and/or Documents Filed

Trial

USDC, Northern District of California, Hon. Vince Chhabria (CAVC)—Updates Effective 4-12-16

Text Added:

SOCC 36

Text Updated:

SOCC 4

SOCC 12

SOCC 15

SOCC 20→SOCC 21

SOCC 24→SOCC 25

SOCC 28→SOCC 29

SOCC 31→SOCC 32

Triggers Affected:

Hearing triggers

PATENT--Claim Construction/Hearing on Motion for Summary Judgment

USDC, Northern District of California, Mag. Maria-Elena James (MEJ)—Not Based on Rules Update

“Day of Settlement Conference” event added based on client feedback.

Triggers Affected:

Conference–Settlement Conference

USDC, Southern District of California, Hon. Anthony J. Battaglia (AJB)—Updates Effective 4-18-16

Text Removed:

CCP VI

Text Added:

CCP VI(C)

CCP VI(D)

CCP VI(E)

CCP VI(F)

Triggers Affected:

Hearing triggers

Trial



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USDC, Southern District of California, Mag. Jill L. Burkhardt (CAJLB)—Updates Effective 4-5-16

Text Removed:

CR VI [Not based on rule updates]

Text Added:

CR I.E.

CR IV.B.

Text Updated:

CR II(A)→CR II.A. [Deadline for lodging ENE or SC statements changed from 7 days to 10 days]

CR II(C)→CR II.C.

CR II(D)→CR II.D.

CR III(A)→CR III.A.

CR III(B)→CR III.B. [Deadline changed from 7 days to 10 days]

CR III(C)→CR III.C.

CR IV(A)→CR IV.A.

CR IV(E)→CR IV.F.

CR VII

CR VIII

Triggers Affected:

Conference triggers

Discovery Motion Deadline

Discovery—Deposition Date

Discovery—Interrogatories Served by Mail, to Clerk, Electronically, or to Designated Agency

Discovery—Interrogatories Served Personally

Discovery—Request for Admissions Served by Mail, to Clerk, Electronically, or to Designated Agency

Discovery—Request for Admissions Served Personally

Discovery—Request for Production or Inspection Served by Mail, to Clerk, Electronically, or to Designated

Agency

Discovery—Request for Production or Inspection Served Personally

Discovery—Response to Interrogatories Served by Mail, to Clerk, Electronically, or to Designated Agency

Discovery—Response to Interrogatories Served Personally

Discovery—Response to Request for Admissions Served by Mail, to Clerk, Electronically, or to Designated

Agency

Discovery—Response to Request for Admissions Served Personally

Discovery—Response to Request for Production or Inspection Served by Mail, to Clerk, Electronically, or to

Designated Agency

Discovery—Response to Request for Production or Inspection Served Personally

Early Neutral Evaluation Statement Exceeding 20 Pages Delivered by Email

Hearing triggers

Notice of Removal Filed



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PATENT—Initial Case Management Conference

PATENT—Settlement Conference

Pleading—Complaint Filed

Settlement Conference Statement Exceeding 20 Pages Delivered by Email

STATE

California Appellate Courts—Not Based on Rules Update

Changes made to separate writ proceedings from other types of decisions.

Text Updated:

CRC 8.264(b)8.264(b)(1), 8.264(b)(2)(A), 8.264(b)(2)(B), 8.264(b)(3)

CRC 8.264(c)8.264(c)(1), 8.264(c)(2)

CRC 8.490(b)8.490(b)(1)(A), 8.490(b)(1)(B), 8.490(b)(2)

CRC 8.4958.495(a)(1), 8.495(b)(1), 8.495(b)(2), 8.495(c)(3)

CRC 8.4968.496(a)(1), 8.496(b)(1), 8.496(b)(2), 8.496(c)(3)

CRC 8.4988.498(a)(1), 8.498(c)(1), 8.498(c)(2), 8.498(c)(3), 8.498(d)(3)

CRC 8.4998.499(c)(1), 8.499(c)(2), 8.499(c)(4), 8.499(c)(5)

CRC 8.500(e)8.500(e)(1), 8.500(e)(4), 8.500(e)(5)

CRC 8.1120(a)8.1120(a)(3)

CRC 8.1125(a)8.1125(a)(4)

CRC 8.1125(b)8.1125(b)(1)

Triggers Affected:

Answer to Petition for Review Filed (Supreme Court)

Answer to Petition for Review of Public Utilities Commission Case Filed

Answer to Petition for Review of Workers’ Compensation Appeals Board Case Filed

Briefing—Petitioner's Brief re Review of Agricultural Labor Relations Board or Public Employment Relations

Board Case Filed

Briefing—Respondent's Brief re Review of Agricultural Labor Relations Board or Public Employment

Relations Board Case Filed

Consent to Increase or Decrease Judgment Filed

Decision Filed

Decision Filed in Miscellaneous Writ of Review Proceeding

Decision Filed in Proceeding re Writ of Mandate, Certiorari, or Prohibition

Decision or Order Denying or Dismissing Petition for Writ of Mandate, Certiorari, or Prohibition as Moot After

Issuance of Alternative Writ, Order to Show Cause or Writ of Review Filed

Decision or Order Denying or Dismissing Petition for Writ of Mandate, Certiorari, or Prohibition Without

Issuance of Alterative Writ, Order to Show Cause, or Writ of Review Filed

Decision or Order Denying Petition for Writ of Supersedeas Filed

Decision or Order Denying Petition for Writ re Review of Agricultural Labor Relations Board or Public

Employment Relations Board Case Filed

Decision or Order Denying Petition for Writ re Review of Public Utilities Commission Case Filed

Decision or Order Denying Petition for Writ re Review of Workers’ Compensation Appeals Board Case Filed



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Decision or Order Dismissing Appeal on Request or Stipulation Filed

Index to Record of Agricultural Labor Relations Board or Public Employment Relations Board Case Filed

Notice re Failure to File Certificate of Interested Entities or Persons Sent

Order Certifying Opinion for Publication Before Decision Final Filed

Order Certifying Opinion for Publication Before Decision in Miscellaneous Writ of Review Proceeding Final

Filed

Order Certifying Opinion for Publication Before Decision in Proceeding re Writ of Mandate, Certiorari, or

Prohibition Final Filed

Order Modifying Decision and Changing Judgment in Proceeding re Writ of Mandate, Certiorari, or Prohibition

Filed

Order Modifying Opinion and Changing Judgment Filed

Order Modifying Opinion and Changing Judgment in Miscellaneous Writ of Review Proceeding Filed

Petition for Review Filed (Supreme Court)

Petition for Review of Public Utilities Commission Case Filed

Petition for Review of Workers’ Compensation Appeals Board Case Filed

Request for Depublication of Published Opinion Received by Supreme Court

California Superior Court, Appellate Division (CAAPDV)—Not Based on Rules Update

Memorandum of costs trigger in all appellate divisions amended based on client feedback.

Triggers Affected:

Memorandum of Costs in Original Writ Proceeding Served

California Superior Court (CASCUD/CASCLD)—Not Based on Rules Update

Memorandum of costs triggers in all trial courts amended based on client feedback.

Triggers Affected:

Memorandum of Costs Before Judgment Served

Memorandum of Costs of Enforcing Judgment Served

Memorandum of Costs on Appeal Served

California Superior Court, Orange County (CAORSC/LDCAOR)—Not Based on Rules Update

California Superior Court, San Diego County (CASDSC/LDCASD)—Not Based on Rules Update

California Superior Court, San Luis Obispo County (CASLSC/LDCASL)—Not Based on Rules Update

California Superior Court, Santa Clara County (CASCSC/LDCASC)—Not Based on Rules Update

Changes made in all Orange, San Diego, San Luis Obispo, and Santa Clara County Superior Courts to better

implement CCP 430.41 re new demurrer procedures.

Triggers Affected:

Pleading—Acknowledgment of Receipt of Summons Executed

Pleading—Amended Answer Served triggers

Pleading—Amended Complaint Served triggers

Pleading—Amended Cross-Complaint Served triggers

Pleading—Answer Served triggers

Pleading—Answer to Cross-Complaint Served triggers

Pleading—Cross-Complaint Served triggers



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Pleading—First Day Summons Published in Newspaper

Pleading—Summons and Complaint Mailed After Substituted Service or to Person Outside CA

Pleading—Summons and Complaint Served Personally

California Superior Court, Yolo County (CAYOSC/LDCVYO)—Updates Effective 4-11-16

Text Updated:

Interpreter Info

COLORADO

STATE

Colorado Supreme Court (COSCT)—Updates Effective 4-7-16

Text Updated:

COAR 40(a)COAR 40(a)(1)

COAR 41(b)(3)COAR 41(b)(2)

Triggers Affected:

Entry of Judgment

Entry of Judgment (Court of Appeals)

Order Denying Petition for Rehearing Entered

Colorado Court of Appeals (CAR)—Updates Effective 4-7-16

Text Updated:

COAR 40(a)COAR 40(a)(1)

COAR 41(b)(1), COAR 41(b)(2)

COAR 41(b)(1) [Deadline to issue mandate changed from 43 days to 42 days after

entry of judgment and from 29 days to 28 days after entry of order

denying petition for rehearing; deadline to issue mandate in workers

compensation and unemployment cases changed from 31 days after

entry of judgment or 15 days after entry of order denying petition for

rehearing to the later of 28 days after judgment or 14 days after entry

of court’s order denying petition for rehearing]

Triggers Affected:

Entry of Judgment

Order Denying Petition for Rehearing Entered



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Colorado District Court (CRCP/CORCP/COCAPP)—Updates Effective 4-1-16

Text Updated:

121 Sec 1-12(1)

121 Sec 1-15(1)(b)

121 Sec 1-15(1)(c)

121 Sec 1-15(5)

CONNECTICUT

FEDERAL

USBC, District of Connecticut (CTBK)—Updates Effective 4-20-16

Text Updated:

CMP 1

CMP 5(A)

CMP 5(B)

DISTRICT OF COLUMBIA

FEDERAL

USDC, District of Columbia (DCDCT)—Updates Effective February 2016 and March 2016

Text Updated:

GICFP Part I II(E)(3)

GICFP Part I III(B)(2) [Not based on rule updates]

GICFP Part I III(C)(2) [Not based on rule updates]

GICFP Att. C→GICFP Att. B

GICFP Att. G→GICFP Att. F

GICFP Att. H→GICFP Att. G

DISTRICT

District of Columbia Superior Court (DCSC)—Updates Effective 4-15-16 Change made to clarify who deponent may be based on client feedback. Changes made re Discovery and

Mediation triggers not based on rule updates.

Text Removed:

GO Supp Nash III

GO Supp Okun III



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Triggers Affected:

Discovery Cutoff

Discovery—Deposition Date

Mediation—Conference

Response or Opposition to Motion Filed

FLORIDA

FEDERAL

USBC, Middle District of Florida (FLMBK)—Updates Effective 4-7-16

Text Updated:

AO FLMB-2016-2 1

AO FLMB-2016-2 2

AO FLMB-2016-2 3

AO FLMB-2016-2 5

AO FLMB-2016-2 6(i)

AO FLMB-2016-2 6(j)

AO FLMB-2016-2 11

AO FLMB-2016-2 12

AO FLMB-2016-2 13

AO FLMB-2016-2 14

AO FLMB-2016-2 15

AO FLMB-2016-2 18

AO FLMB-2016-2 19

AO FLMB-2016-2 20

AO FLMB-2016-2 21

Triggers Affected:

Order Converting Case to Ch. 13 Entered

USDC, Southern District of Florida (SDFLA)—Not Based on Rules Update

“Day of Calendar Call” event added based on client feedback.

Triggers Affected:

Calendar Call



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STATE

Florida Circuit Court, 6th Judicial Circuit, Pasco and Pinellas Counties (FL06)—Updates Effective 4-1-

16

Text Updated:

AO 2015-043 PA/PI-CIR I(1)(b)AO 2016-020 PA/PI-CIR I(1)(b)

AO 2015-043 PA/PI-CIR I(1)(c)AO 2016-020 PA/PI-CIR I(1)(c)

AO 2015-043 PA/PI-CIR II(B)(2)AO 2016-020 PA/PI-CIR II(B)(2)

AO 2015-043 PA/PI-CIR II(F)(1)AO 2016-020 PA/PI-CIR II(F)(1)

AO 2015-043 PA/PI-CIR II(F)(2)AO 2016-020 PA/PI-CIR II(F)(2)

AO 2015-043 PA/PI-CIR III(B)AO 2016-020 PA/PI-CIR III(B)

AO 2015-043 PA/PI-CIR IV(B)(2)AO 2016-020 PA/PI-CIR IV(B)(2)

AO 2015-043 PA/PI-CIR Att. B 2AO 2016-020 PA/PI-CIR Att. B 2



AO 2015-043 PA/PI-CIR Att. EAO 2016-020 PA/PI-CIR Att. E

Florida Circuit Court, 15th Judicial Circuit, Palm Beach County (FL15)—Updates Effective 4-20-16

Text Updated:

Div AF Motions

Florida Circuit Court, 19th Judicial Circuit, St. Lucie County (FL19SL)—Updates Effective 4-1-16 and

4-18-16

Text Updated:

RFP SLC FSJ

Florida Circuit Court, 20th Judicial Circuit (FL20)—Updates Effective 4-14-16

Text Added:

AO 2.15

Triggers Affected:

Conference triggers

Hearing triggers

Trial



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GEORGIA

FEDERAL

USBC, Middle District of Georgia (GAMBK)—Updates Effective 4-18-16

Text Removed:

1017-1(b)

Triggers Affected:

Order Converting Case to Ch. 7 Entered

USDC, Northern District of Georgia (GAND)—Updates Effective 3-1-16 and 3-31-16

Only ECF II(J) text additions due to update.

Text Removed:

41.2(B)

Text Added:

ECF II(A)(7)(b)

ECF II(C)(1)(b)

ECF II(C)(2)(c)

ECF II(C)(3)(c)

ECF II(J)(2)(g)

ECF II(J)(2)(h)

ECF VI(B)(2)

ECF VI(B)(5)

SO 16-01 (15)

Text Updated:

ECF II(A)(4)

Triggers Affected:

Entry of Judgment

Judgment Entered on Docket

Notice of Electronic Filing Received

Notice of E-Filed Document Containing Signatures Causing Adverse Impact Received by Non-Party

Order Granting Motion to Seal Certain Matters Included in Provisionally Sealed Filing


Request for Redaction of Transcript

Transcript Filed



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ILLINOIS

FEDERAL

USBC, Northern District of Illinois (ILNB)—Updates Effective 4-1-16

Text Removed:

1017-2(A)

1017-2(B)

1017-2(C)

5082-2(E)

9060-1 (Form): ADR Motion 3

9060-2(A)

9060-2(B)

9060-2(C)

9060-2(D)

9060-3(B)

9060-4(B)

Text Added:

2002-1

Text Updated:

1006-1(A)1006-1

1007-1

1014-1(A)

1019-1

2016-1

3007-1

3011-1

3018-13018-1(4)

4001-1(A)

4001-2(A)(1)

4001-2(C)

4003-1

5005-4(G)

5082-2(D)

7041-1(A)

7041-1(B)

7054-1(A)

9027-1(A)

9027-2(B)

9033-1(A)

9070-1(C)



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Triggers Affected:

Entry of Final Judgment or Order


Hearing on Confirmation of Plan

Hearing or Presentment Date of Motion to Dismiss or Convert Case

Notice to Remove Exhibits

USDC, Central District of Illinois (CDILDC)—Updates Effective 4-25-16

Text Updated:

16.2(A) [Deadline changed from 90 days after defendant’s appearance to the earlier of 90

days after defendant has been served or 60 days after defendant’s appearance.]

Triggers Affected:

Conference—Scheduling Conference

Motion for More Definite Statement Filed

Motion to Dismiss per Rule 12 Filed

Motion to Strike Filed

Pleading—Answer Filed

Pleading—Summons and Complaint Against US or Its Officers/Agencies Served Personally

Pleading—Summons and Complaint Served Personally

Pleading—Waiver of Service of Summons Filed

USDC, Northern District of Illinois, Hon. John Robert Blakey (ILJRB)—Updates Effective 4-21-16

Text Updated:

CP Transcripts

USDC, Northern District of Illinois, Hon. Ruben Castillo (ILRC)—Updates Effective 4-12-16 and 4-20-16

Text Updated:

CP Motion Practice [Deadline for delivering courtesy copies of motions changed from at time of filing

motion to 24 hours after filing]

JI Important Info

Triggers Affected:

Hearing or Presentment Date of Motion

Motion Filed

Notice of Removal Filed


USDC, Northern District of Illinois, Mag. Susan E. Cox (ILSEC)—Updates Effective 4-21-16

Text Updated:

JI Notice



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USDC, Northern District of Illinois, Hon. Robert M. Dow, Jr. (ILRMD)—Updates Effective 4-20-16

Text Updated:

CP ISR and Conferences

USDC, Northern District of Illinois, Hon. Rebecca R. Pallmeyer (ILRRP)—Updates Effective 3-25-16

Text Updated:

RPPM 6 [Deadline for plaintiff’s settlement demand changed from 14 days to 7 days and

deadline for defendant’s response to demand changed from 7 days to 3 days]

Triggers Affected:

Conference—Scheduling Conference

USDC, Northern District of Illinois, Hon. Philip G. Reinhard (ILPGR)—Updates Effective 4-4-16

Text Updated:

JI Pleadings

USDC, Northern District of Illinois, Hon. John J. Tharp Jr. (ILJJT)—Updates Effective 4-13-16

Text Removed:

JI Notice

Triggers Affected:

Hearing on Application for Default Judgment

Hearing on Motion to Dissolve or Modify Temporary Restraining Order Issued Without Notice

Hearing on Petition for Pre-Action Deposition

Hearing or Presentment Date of Motion

STATE

Illinois Circuit Court, 16th Circuit, Kane County (IL16CT)—Updates Effective 3-23-16

Text Added:

5.03(f) [Not based on rule updates]

Text Updated:

GO 15-06 4(C)5.03(c)

GO 15-06 4(D)5.03(d)

GO 15-06 4(J)5.03(j)

GO 15-06 4(K)5.03(k)

GO 15-06 4(L)5.03(l)

GO 15-06 4(P)5.03(p)



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Triggers Affected:

Mandatory Residential Foreclosure Mediation Program—Service of Process Confirmed

KENTUCKY

STATE

Kentucky Circuit Court (KYRCP)—Not Based on Rules Update

Updates made to remove small claims appeal rules from rule set.

Text Removed

72.08

72.12

MINNESOTA

FEDERAL

USBC, District of Minnesota (MNBK)—Updates Effective April 2016

Text Added:

Tel App 1

Triggers Affected:

Hearing Triggers

NEW HAMPSHIRE

FEDERAL

USDC, District of New Hampshire (NHDC)—Updates Effective 4-22-16

Text Added:

ECF (Deadlines)

NEW JERSEY

STATE

New Jersey Superior Court (Law & Chancery Divisions)—Not Based on Rules Update

Major revision to entire rule set to clarify triggers and events.



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NEW YORK

FEDERAL

USBC, Southern District of New York, Hon. Cecilia G. Morris (NYCGM)—Updates Effective 4-20-16

Text Updated:

Notices of Presentment

Triggers Affected:

Presentment Date of Motion

USDC, Eastern District of New York, Hon. Pamela K. Chen (NYPKCH)—Updates Effective 4-6-16

Text Updated:

IPR 3.A

IPR 4.A

IPR 4.B [Deadline changed from on Thursday before trial to by Wednesday before trial]

Triggers Affected:

Notice of Letter Requesting Pre-Motion Conference Served

Trial

USDC, Eastern District of New York, Mag. Anne Y. Shields (NYAYS)—Updates Effective 4-26-16

Text Added:

IPR VI(D)

IPR VI(E)

IPR VI(F)

IPR Appx B 1

IPR Appx B 2

IPR Appx B 4

IPR Appx B 5

IPR Appx B 6

IPR Appx C 4

IPR Appx D 1

IPR Appx D 2

IPR Appx D 3

IPR Appx D 4

IPR Appx D 5

IPR Appx E Part 2(1)

IPR Appx E Part 2(2)(h)

IPR Appx E Part 3(1)



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Text Updated:

IPR VII(A)IPR VIII(A)

IPR VII(B)IPR VIII(B)

IPR VIII(C)IPR IX(C)

IPR VIII(F)IPR IX(F)

IPR IX(A)IPR X(A)

IPR IX(B)IPR X(B)

IPR IX(C)(i)IPR X(C)(i)

IPR IX(C)(ii)IPR X(C)(ii)

Triggers Affected:

Conference—Rule 16 Initial Conference

Conference—Settlement Conference

FLSA—Collective Action Notice Mailed

FLSA—Collective List of Contact Information of Employees Received

FLSA—Consent to Join Collective Action Received

FLSA—Documents re Unpaid Wages, Work Records, and Policies and Practices on Compensating Workers

Due per Order

FLSA—Meet and Confer Session to Settle Pending Issues

FLSA—Opt-In Notice in Collective Action Filed

FLSA—Plaintiff’s Answers to Court’s Interrogatories Served

FLSA—Second Collective Action Notice Sent

Motion for More Definite Statement Filed

Motion to Dismiss per Rule 12 Filed

Motion to Strike Filed

Notice of Intent to Contact or Subpoena Prospective or Current Employer to Discover Information About

Plaintiff’s Claims in Employment Case Alleging Adverse Action Provided

Order—Stipulation and Order re Conditional Certification, Issuance of Collective Action Notice, and

Disclosure of Contact Information in Fair Labor Standards Act Case


USDC, Southern District of New York, Hon. Katherine Polk Failla (NYKPF)—Updates Effective 3-31-16

Text Added:

CMP 1

CMP 7(b)

CMP 7(c)

CMP 7(d)

Text Updated:

CMP 7(b)CMP 7(e)

CMP 7(c)CMP 7(f)

CMP 8(g)



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Triggers Affected:

Order—Civil Case Management Plan and Scheduling Order

Proposed Civil Case Management Plan and Scheduling Order Submitted

USDC, Southern District of New York, Hon. Katherine B. Forrest (NYKBF)—Updates Effective 4-15-16

Text Updated:

SO 2 [Deadline changed from 20 days to 10 days]

SO 3 [Deadline changed from 5 months to 6 months]

SO 4

SO 6 [Deadline to file opening brief for motion changed from fact discovery cutoff to 14 days

after fact discovery cutoff]

Triggers Affected:

Order—Scheduling Order Filed


USDC, Southern District of New York, Hon. John G. Koeltl (NYJGK)—Updates Effective March 2016

Text Updated:

IP 2(B)IP 2(C)

USDC, Southern District of New York, Mag. Henry Pitman (NYHP)—Updates Effective 4-8-16

Text Removed:

IP 2(D)

Triggers Affected:

Response or Opposition to Motion Served triggers

USDC, Southern District of New York, Hon. Gregory H. Woods (NYGHW)—Updates Effective 4-22-16

Text Updated:

IRPPS 6(A)

IRPPS 6(B)

STATE

New York Supreme Court, New York County, Hon. Cynthia S. Kern (NYNYCK)—Updates Effective 4-

19-16

Text Updated:

RJ Kern Trial



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New York Supreme Court, New York County, Hon. Barry R. Ostrager (NYNYBO)—Updates Effective

4-15-16 and 4-19-16

Text Added:

PR 14DPJNJT

PR 5DPJT(a)

PR CC 3

PR MP 4

PR TR 2

Text Removed:

RJ Ostrager TR 14 Days

RJ Ostrager TR 2

RJ Ostrager TR 5 Days(a)

RJ Ostrager TR 5 Days(b)

Triggers Affected:

Conference—Pretrial Conference

Conference—Settlement Conference

Note of Issue Filed

Pleading—Complaint Received

Pleading—Summons and Complaint Filed

Trial

New York Supreme Court, New York County, Hon. Paul Wooten (NYNYPW)—Updates Effective 4-19-

16

Text Updated:

RJ Wooten Adjournment

NORTH CAROLINA

STATE

North Carolina Rules of Civil Procedure (Superior and District Courts)—Updates Effective 10-1-15

Updates also effective in all North Carolina District Courts and Business Court.

Text Added:

26(b)(4)(f)

G.A. Session 2015 Act re 26(b)(4) amendment

Triggers Affected:

Discovery—Expert Witness Information Disclosed

Trial



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North Carolina Superior Court, 7B and 7C Judicial Districts (NC07BC)—Updates Effective 4-19-16

Text Updated:

CSCR VI B

OHIO

STATE

Ohio Court of Appeals (OHRAP)—Not Based on Rules Update

Changes made in all Courts of Appeals to correspond with new Ohio Supreme Court rule set.

Text Removed

15.03

Text Updated

7.01(A)(2)7.01(A)(1)(a)

Triggers Affected

Entry of Judgment

Final En Banc Decision Without Application

Order Denying Application for En Banc Consideration

Order Denying Application for Reconsideration

Ohio Court of Appeals, 1st District (OHCOA1)—Updates Effective 5-2-16

Text Removed

13.1(B)(8)

Text Added

13.1(B)(13)

Triggers Affected:

Technical Failure While E-Filing on Filing Deadline

SOUTH CAROLINA

FEDERAL

USBC, District of South Carolina (SCBK)—Updates Effective 11-1-13 and 4-1-16

Text Updated:

3015-5(Ex. D) [Deadline changed from 14 days to 28 days]

9013-4(Ex. C(14 Days))

9013-4(Ex. C(28 Days))

9013-4(Ex. D)



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Triggers Affected:

Hearing triggers

Notice of Hearing and Certification of Debtor Information Requesting Hardship Discharge in Ch. 13 Case

Served

Notice of Hearing on Motion for Hardship Discharge in Ch. 13 Case Served

TEXAS

STATE

Texas Civil District Court, Bexar County (TXBXDC)—Updates Effective 5-1-16

Text Added:

3(C)

3(F)(5)

3(G)(1)

3(G)(3)

4(B)(1)

4(C)(2)

4 Comment (Special Settings)

Text Updated:

3D3E

10(A)9(A)

Triggers Affected:

Hearing Triggers

Hearing on Motion for Telephonic Hearing

Order Granting Motion for Special Setting

Trial

UTAH

STATE

Utah District Court (UTSDC)—Updates Effective 5-1-16

Relevant changes made in Utah Court of Appeals (UTSCA), as well.

Text Updated:

11(c)(1)(A)

50(b) [Deadlines changed from 14 days to 28 days]

50(c)(2)50(d) [Deadline changed from 14 days to 28 days]

52(b) [Deadline changed from 14 days to 28 days]

52(d) [Deadline changed from 10 days to 14 days]

59(b) [Deadline changed from 14 days to 28 days]



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59(c)59(b)

59(d) [Deadline changed from 14 days to 28 days]

59(e) [Deadline changed from 14 days to 28 days]

60(b)60(b), 60(c)

63(b)(1)(B)63(b)(2)

Triggers Affected:

Decision Providing Basis for Entry of Judgment Requiring Separate Document Recorded

Judgment Not Requiring Separate Document Recorded

Judgment Set out in a Separate Document Recorded

Hearing triggers

Order—Appealable Order Entered

Jury Discharged

Transcript Filed

Trial

VIRGINIA

FEDERAL

USDC, Western District of Virginia (VAWD)—Updates Effective 4-6-16

Text Updated:

I 12

Triggers Affected:

Notice to Claim Exhibits Sent by Clerk

Entry of Judgment


Judgment on Appeal, Other Process, or Certificate Disclosing Disposition of Court of Appeals or U.S. Supreme

Court Received

STATE

Virginia Circuit Court, Loudoun County—Updates Effective 4-15-16

Text Updated:

CJ

