Tag Archives: Federal Rules of Civil Procedure

Heads Up! Federal Civil Procedure Amendments Effective December 1, 2018.

30 Sunday Sep 2018

Posted by in Federal Law, Research

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2018-2019 Amendments to the Federal Rules of Civil Procedure Approved © 2014-2018 The National Court Rules Committee

https://bit.ly/2R9XNC5

The U.S. Supreme Court approved amendments to the Federal Rules of Civil Procedure on April 26, 2018. The new amendments go into effect on December 1, 2018, which is now only a few months away. As usual, new text is underlined; deleted text is struck through.

When you review the amendments, I recommend taking the time to read the notes that explain the reasons for the changes. As for the amendment to Rule 5. I suggest that, if you serve a complaint by e-mail, use the email option to show delivery to and/or read receipt by the recipient.

This link will take you to the revised rules, but it is also a free resource that provides access to all the Federal Rules of Civil Procedure. For both reasons, worth a bookmark. – CCE

Free Online 2017 Edition of the Federal Rules of Civil Procedure.

12 Sunday Feb 2017

Posted by in Federal Law, Recent Links and Articles, Research

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Federal Rules of Civil Procedure, 2017 Edition, The National Court Rules Committee©2014-2017

https://www.federalrulesofcivilprocedure.org/frcp/

Like many firms, we do not keep a hardback or soft back set of the Federal Rules of Civil Procedure because we can access them for free online. I usually go to the Cornell Law Library Institute for federal statutes and court rules for statutes and court rules. After finding this website, I’ve changed my mind. It is amended through December 1, 2016. It also includes links to the Federal Rules of Evidence, Federal Rules of Bankruptcy Procedure, Federal Rules of Criminal Procedure, and the U.S. Bankruptcy Code. So far, I haven’t seen anything not to like. -CCE

Questions About The New Federal Rules Amendments on Discovery? – 1st of 5-Part Guide.

21 Saturday Nov 2015

Posted by in Civil Procedure, Discovery, E-Discovery, Federal Civil Procedure, Preservation

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 Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality, by Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan Forman, Discovery Advocate Blog

http://tinyurl.com/o72ub69

If you do not fully comprehend the recent amendments to the Federal Rules of Civil Procedure, you are not alone. We will learn more as district and circuit courts rule on cases affected by these amendments.

Please note the hyperlink under the “Conference Commentary” button to see the Summary of The Report of The Judicial Conference Committee on Rules of Practice and Procedure, which will also assist you. -CCE

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where ‘just and practicable’ — the focus among attorneys and their clients has changed from what the Rules should say to how they should work . . . .

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The Amended Federal Rules of Civil Procedure Effective December 1, 2015.

11 Wednesday Nov 2015

Posted by in Courts, Federal District Court Rules

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Federal Rules of Civil Procedure, Legal Information Institute, Cornell University Law School

https://www.law.cornell.edu/rules/frcp

The full text of every federal civil procedure rule, including Notes and Committee Notes. -CCE

“Read Receipt” Email Message Is Not Hearsay.

17 Friday Apr 2015

Posted by in Admissibility, Authentication, Evidence, Federal Rules of Evidence, Hearsay, Litigation, Summary judgment

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Court Rules that Automatically Generated Read Receipt is Not Hearsay: eDiscovery Case Law, by Doug Austin, eDiscoverydaily

http://tinyurl.com/ozbratn

In Fox v. Leland Volunteer Fire/Rescue Department Inc., 7:12-CV-354-FL. (E.D.N.C. Mar. 10, 2015), North Carolina District Judge Louise W. Flanagan ruled that a Read Receipt automatically sent from the defendant’s email address to the plaintiff (when the defendant opened an email sent by the plaintiff) was not hearsay.

Case Background

In this wrongful termination case, the court was considering the defendants’ motion for summary judgment, as well as the defendants’ motion to strike certain exhibits attached to plaintiff’s brief in opposition to summary judgment for failure to comply with Federal Rule of Civil Procedure 56(c) & (e). One of the items that the defendants sought to exclude was a read receipt sent from defendant Grimes email address to plaintiff, triggered when an email plaintiff sent defendant Grimes was opened, arguing that the Read Receipt was ‘unauthenticated hearsay’.

Judge’s Opinion

Judge Flanagan made a swift ruling on this issue when she stated ‘Defendants’ argument fails. The Read Receipt is not hearsay.’ . . .

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A Special Treat For Civil Procedure Geeks.

14 Tuesday Apr 2015

Posted by in Civil Procedure, Federal Civil Procedure

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A Reader’s Guide to Pre-Modern Procedure, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://tinyurl.com/lqodu5n

In this short article, David Noll explains procedural terms with which students often are unfamiliar. These terms predate the Federal Rules of Civil Procedure, which most Civil Procedure classes seem to pass over.

These terms, like ‘demurrer’ and ‘nonsuit,’ may pop up not only in old court cases that students may study, but also in state court procedural rules. . . .

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10th Circuit Tips and Resources For New Attorneys and Infrequent Attorney Filers.

12 Thursday Mar 2015

Posted by in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Writing, Brief Writing, U.S. Courts of Appeal

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Filing Your Appeal – For New and Infrequent Attorney Filers, The United States Court of Appeals for the Tenth Circuit

https://www.ca10.uscourts.gov/clerk/filing-your-appeal/atty

Introduction

If this is your first time in this court, welcome. If it has been a while since you filed a brief with us, welcome back. Practicing in a federal appeals court is different from practicing in a trial court, state or federal, and there are even notable differences from state appellate work. With this in mind, there are a number of resources available to assist you.

As an initial matter, if you intend to practice in this court, you can count on referring frequently to the Federal Rules of Appellate Procedure, and especially our local Tenth Circuit Rules. Our Practitioner’s Guide is also a good source of information.

If you can’t find the answer to a question in the rules or if you have a special concern about an appeal, do not hesitate to call the clerk’s office at 303-844-3157. We have real people answering the phone and a well-trained staff who can assist you.

The following sections provide general information you may find useful. However, this information is no substitute for a careful review of the federal and our local rules. . . .

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Federal Judge Uses Benchslap Cartoon To Make Civil Procedure Point.

09 Tuesday Dec 2014

Posted by in Civil Procedure, Federal Civil Procedure, Jurisdiction

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Judge Uses Cartoons To Benchslap Jones Day, by Joe Patrice, Above The Law Blog

http://abovethelaw.com/2014/12/judge-uses-cartoons-to-benchslap-jones-day/

Judge Robert J. Jonker is a saucy one.

He once shot down Thomas M. Cooley Law’s trumped up defamation claims by declaring that the statement that Cooley “‘grossly inflates its graduates’ reported mean salaries’ may not merely be protected hyperbole, but actually substantially true.” Snap.

So it wasn’t a tremendous shock to see Judge Jonker involved when a recent benchslap kicked off with a cartoon.

Is it the funniest cartoon in the world? No. Indeed, it falls into the Ziggy realm of groan-inducing comics. But is it a special kind of embarrassing when a federal judge feels words are not enough to call out your inappropriate behavior and breaks the judiciary’s largely staid approach to put a comic into an opinion? Absolutely.

So what got him so irked? . . . .

Proposed Amendments to Federal Civil Procedure Rules Are Close to Approval.

08 Sunday Jun 2014

Posted by in Court Rules, Courts, Depositions, Discovery, E-Discovery, Federal District Court Rules, Federal Rules of Discovery, Interrogatories, Preservation, Requests for Admissions, Requests for Production

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Committee on Rules of Practice and Procedure (“Standing Committee”) Approves Proposed Amendments to Federal Rules of Civil Procedure, by K&L Gates, posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES.

http://tinyurl.com/myroxzm

The amendments to the Federal Rules of Civil Procedure will be finalized sometime in September. -CCE

Last week, the Committee on Rules of Practice and Procedure (the “Standing Committee”) approved proposed amendments to the Federal Rules of Civil Procedure, including the “Duke Rules Package,” addressing Rules 1, 4, 16, 26, 30, 31, 33, and 34 and a rewritten version of Rule 37(e), addressing preservation.  The proposed amendments were approved with only two revisions to the proposed Committee Notes for Rules 26(b)(1) (encouraging consideration and use of technology) and 37(e) (clarifying the role of prejudice in subsection (e)(2) of the proposed rule).  Meeting minutes reflecting the precise changes to the Committee Notes are not yet available, although the text of the rules as adopted was published in the Standing Committee’s meeting Agenda Book, available here.

The next stop for the proposed amendments is the Judicial Conference, which will consider the proposed amendments at its meeting in September.

Changes To Federal Subpoena Amendments Effective December 1, 2013.

28 Thursday Nov 2013

Posted by in Discovery, Federal District Court Rules, Subpoenas

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The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring Congressional Action, by Tony Lathrop, Litigation Blog

http://tinyurl.com/luyjbu4

 On December 1, 2013, some of the most long-awaited changes to the Civil Rules will take effect – the proposed amendments to Rule 45, which governs the use of subpoenas in federal civil actions.

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The major changes to Rule 45 include: (1) simplifying the rules regarding the court issuing a subpoena, (2) highlighting the notice requirements for document-only subpoenas, (3) clarifying the circumstances under which an officer of a party may be compelled to testify at trial, and (4) permitting the transfer of motions regarding enforcement of a subpoena.  We highlight the substance of these changes below, and provide a brief update regarding the status of the Discovery Amendments.

Proposed Federal Rules Narrow Discovery and Spur Cooperation Between the Parties

24 Thursday Oct 2013

Posted by in Court Rules, Discovery, E-Discovery, Evidence, Requests for Production, Trial Tips and Techniques

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The Duke Rules Ahead: Part 1 Rule Amendments Will Narrow Discovery and Spur Cooperation, by James Kurz, EDVAUpdate, Redmon, Peyton & Braswell, LLP
http://bit.ly/1c1gVH4