Moving Your Case ForwardNew Rules for Federal Court Litigators

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Goals▪ Cooperation

▪ Getting the Case Moving Faster

▪ Early, Active Case Management

▪ Party Planning and Communication

▪ Proportionality of Discovery

▪ Streamlining Rules

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CooperationFed. R. Civ. P. 1▪ Shared responsibility

LR 1-1▪ Shared responsibility

▪ Reducing costs

▪ Professionalism and civility

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CooperationNew meet-and-confer standard▪ In person or by telephone or video conference

▪ Exchange of written, electronic, or voice mail communications does not satisfy the rule

▪ LR IA 1-3(f)

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CooperationMotions in Limine▪ New meet-and-confer requirement

▪ LR 16-3(a)

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Getting the Case Moving FasterService of Summons and Complaint▪Fed. R. Civ. P. 4(m) period is shortened from 120 to 90 days

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Getting the Case Moving FasterRemoval▪ All pending motions are automatically denied upon

removal▪ Motions may be refiled▪ Motions must include citation to all relevant federal

law and must be revised to comply with local rules▪ LR 81-1

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Getting the Case Moving FasterNew Page Limits Under LR 7-3

24 pages

Motions, Responses,

Pretrial & Post-trial

Briefs

12 pages

Replies

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MSJ Page Limits Remain Unchanged

30 pages

MSJ & Response

to MSJ

20 pages

Reply

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Plan ahead!

Motions to Exceed Page Limits▪ File in advance

▪ Does not stay deadline for underlying motion

▪ Absent a court order by the deadline of underlying motion, the motion to exceed page limits is deemed denied

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Early, Active Case Management▪ “Live” scheduling conferences encouraged

▪ New permitted contents of scheduling order---ESI, Fed. R. Evid. 502 orders

▪ Consider requesting conference prior to filing discovery motion

▪ See Fed. R. Civ. P. 16(b)(1), (b)(3); Fed. R. Civ. P. 26(f)(3)(C), (3)(D)

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Early, Active Case ManagementNew Requirements for Confidential ENE Statements▪ Candid evaluation of the merits▪ Cost estimate to proceed to trial▪ Certification that initial disclosures were provided▪ Consider exchanging non-confidential portions of

settlement briefs▪ LR 16-6

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Party Planning and CommunicationNew Requirements for Discovery Plans▪ Consider ADR, MJ consent, Short Trial▪Also required in Interim Status Report

▪ Discuss presentation of evidence in electronic format to jurors for the purpose of jury deliberations (JERS)

▪ LR 26-1, LR 26-3

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Party Planning and CommunicationEarly Rule 34 Requests▪ Parties may deliver Rule 34 requests (documents,

ESI, tangibles) before the Rule 26(f) conference

▪ Objections: state whether materials are being withheld, and when materials will be made available

▪ Fed. R. Civ. P. 26(d)(2)

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Proportionality ▪ Emphasis on discovery that is proportional to the

needs of the case

▪ Conforms the rule to the best practices of many litigators

▪ Fed. R. Civ. P. 26(b)(1)

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Streamlining the Local Rules▪ General restyling of the rules

▪ Incorporates Various General and Special Orders

▪ New: Electronic Case Filing (Order 109)

▪ Part III: Patent Practice

▪ Bankruptcy rules on website (separate)

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Local Rules Organization▪ Part IA Introduction

▪ Part IB United States Magistrate Judges

▪ Part IC Electronic Case Filing

▪ Part II Civil Practice

▪ Part III Patent Practice

▪ Part IV Criminal Practice

▪ Part V Special Proceedings and Appeals18

Form of Documents▪ Documents filed electronically must be in searchable PDF

format▪ Exhibit cover sheets must include a description▪ Must cite court documents as follows: ECF No. 123. ▪ Various updates regarding motions▪ File separate motions for separate topics▪ Handling proposed orders

▪ See LR IA 7-3; LR IA 10-1; LR IA 10-2; LR IA 10-3; LR IC 2-2; LR 7-2.

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Other Key Changes▪ New: Motions for reconsideration of interlocutory orders.

See LR 59-1.▪ New: Procedure for requesting oral argument. See LR

78-1.▪ Clarification regarding the standard for motions or

stipulations to extend deadlines in the discovery plan. See LR 26-4.

▪ Clarification regarding the standards to notice court on related cases and consolidation. See LR 42-1.

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The devil is in the details.

There is no substitute for reviewing all of the amendments in detail.