What State Court Practitioners Need to Know About Federal Civil Procedures

AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE EFFECTIVE DECEMBER 1, 2016

Rule 4. Summons * * * * * (m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).

Rule 6. Computing and Extending Time; Time for Motion Papers * * * * * (d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after service being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), (E), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).

Rule 82. Jurisdiction and Venue Unaffected These rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts. An admiralty or maritime claim under Rule 9(h) is governed by 28 U.S.C. § 1390 not a civil action for purposes of 28 U.S.C. §§1391-1392.

E-filing Deficiencies

Top 5 Notices of Deficiency issued from June 1, 2016 through December 5, 2016 Attorney motions (i.e. motion to enroll, motion to substitute, motion to withdraw; motion to appear pro hac vice attorney); Proposed Orders; Consent Statements; Table of Contents/Table of Authorities; and Leave of Court

Motions regarding Attorney Status: Motion to Enroll: At the time of a party's initial filing, the court will add attorneys listed within the signature block; thereafter, a motion to enroll must be filed. At such time a motion to enroll is filed, such motion must contain the signature or consent of current counsel of record; Motion to Substitute Counsel of Record (FRCP II, LR 83.2.11): Original signatures of both the attorney withdrawing and of the attorney enrolling; Attorney substituting must be admitted to practice before this Court; Motion to Withdraw as Counsel of Record (FRCP 11, LR 83.2.11): Must be signed by attorney who is withdrawing; if party is left unrepresented, requires party address and telephone number and statement that the client has been notified by certified mail of all pending deadlines and pending court appearances; Motions signed by Pro Hac Vice (LR 83.2.6): Cannot solely be signed by visiting attorney, signature of local counsel is required.

Proposed Orders (LR 7.4.1 or LR 58.1): Ex parte motions and discovery motions must contain a proposed order or proposed judgment on a separate page with a caption.

Statement of Consent or Opposition: The following motions require a statement of consent or opposition: • Motion to Add Additional Parties (LR7.4.l ) • Motion to Amend Pleadings (LR7.4. l and 7.6) • Motion to Appoint Next Friend or Guardian Ad Litem (LR7.4.l) • Motion to Consolidate (LR7.4.l) • Motion to Continue (LR 7.4.1 and 7.9) • Motion to Dismiss (Joint) (LR7.4. l) • Motion for Extension of Time (LR 7.4.1 and 7.9) • Motion to File Supplemental Pleadings (LR7.4. l ) • Motion to Intervene (LR7.4. l and 7.6) • Motion for Leave of Court to File Third Party Demand/Complaint (LR7.6) • Motion for Substitution of Parties (LR7.4.1) • Motion to Stay (only for Judge Minaldi cases by Standing Order)

Table of Contents/Table of Authorities (LR 7.8): A table of contents and table of cases, statues and other authorities is required for a brief which exceeds ten pages.

5. Leave of Court: The following pleadings require Leave of Court: • Petition of intervention. (FRCP 24(c)) • Third party complaint after 14 days of service of original answer. (FRCP 14(a)(l)) • Counterclaim/Crossclaim filed alone. (FRCP 7, 13, 15) • Amended pleadings 21 days after service or if responsive pleading required, 21 days after response/answer or motion under Rule 12 served, or with consent or leave of court thereafter. (FRCP I5a) • Any supplemental pleading. (FRCP l5d)

SCHEDULING ORDERS