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ALN Rule Set Update Details October 1, 2016

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Page 1 of 32 ALN Rule Set Update Details October 1, 2016 ALTERNATIVE DISPUTE RESOLUTION JAMSInternational Arbitration Rules (IAR)Updates Effective 9-1-16 Text Removed: 22.1 [Not based on rule updates] Text Added: 3.1 8.8 8.9 22.1 22.3(d) 22.4 38.3 Text Updated: 2.5 4.1→5.1 5.1→6.1 5.2→6.2 7.2→8.2 7.4→8.4 7.5(c)→8.5(c) 9.1→10.1 17.2→18.2 31.1→34.1 35.1→38.1 35.2→38.2 Triggers Affected: Arbitrators Appointed by Claimant and Respondent in Multi-Party Arbitration Award Date Circumstances Likely to Affect Emergency Arbitrator's Ability to Be Impartial or Independent Disclosed Circumstances re Arbitrator’s Bias Become Known ConferencePrehearing Conference Notice of Appointment of Arbitrator Request for Arbitration Received by JAMS Tribunal Constituted in Expedited Arbitration
Transcript
Page 1: ALN Rule Set Update Details October 1, 2016

Page 1 of 32

ALN Rule Set Update Details October 1, 2016

ALTERNATIVE DISPUTE RESOLUTION

JAMS—International Arbitration Rules (IAR)—Updates Effective 9-1-16

Text Removed:

22.1 [Not based on rule updates]

Text Added:

3.1

8.8

8.9

22.1

22.3(d)

22.4

38.3

Text Updated:

2.5

4.1→5.1

5.1→6.1

5.2→6.2

7.2→8.2

7.4→8.4

7.5(c)→8.5(c)

9.1→10.1

17.2→18.2

31.1→34.1

35.1→38.1

35.2→38.2

Triggers Affected:

Arbitrators Appointed by Claimant and Respondent in Multi-Party Arbitration

Award Date

Circumstances Likely to Affect Emergency Arbitrator's Ability to Be Impartial or Independent Disclosed

Circumstances re Arbitrator’s Bias Become Known

Conference—Prehearing Conference

Notice of Appointment of Arbitrator

Request for Arbitration Received by JAMS

Tribunal Constituted in Expedited Arbitration

Page 2: ALN Rule Set Update Details October 1, 2016

Page 2 of 32

GOVERNMENT AGENCIES

National Labor Relations Board (NLRB)—Not Based On Rule Updates

Text Added:

E-File T&C (Timely)(Par. 1)

E-File T&C (Filing Answer)

Triggers Affected:

Pleading—Answer to Complaint or Compliance Specification Not in PDF Format that Includes Required

Signature E-Filed

FEDERAL APPEALS

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

Corrected Rule ID to reflect complete rule text actually contained in rule description.

Text Updated:

4(a)(5)(A)(i)4(a)(5)

U.S. Court of Appeals, 10th Circuit (11CIRC)—Not Based on Rule Updates

U.S. Court of Appeals, 11th Circuit (11CIRC)—Not Based on Rule Updates

U.S. Court of Appeals, District of Columbia Circuit (DCCRCT)—Not Based on Rule Updates

Note regarding deferred appendix removed from triggers to add clarity to rule sets.

Triggers Affected:

Appeal Docketed [11CIRC only]

Record on Appeal Filed

Transcript Filed (District Court) [11CIRC only]

Triggers Removed:

Briefing—Appellant’s Opening Brief Due [10CIRC only]

Briefing—Appellee’s Response Brief Due [10CIRC only]

FEDERAL CLAIMS

United States Court of Federal Claims (USCFC)—Updates Effective 8-1-16

Text Added:

6(a)(4) [Not based on rules updated]

Text Updated:

Appendix C (2)

Page 3: ALN Rule Set Update Details October 1, 2016

Page 3 of 32

CALIFORNIA

FEDERAL

USDC, Central District of California, Hon. Jesus G. Bernal (CAJGB)—Updates Effective September

2016

Text Updated:

JP Chambers Copies

USDC, Central District of California, Hon. David O. Carter (DOC)—Updates Effective September

2016

Text Updated:

JP 1

JP II

Triggers Affected:

Conference—Status Conference

USDC, Central District of California, Hon. Terry J. Hatter, Jr. (TJH)—Updates Effective September

2016

Text Updated:

LMS Chambers Copies

LMS Continuances

Triggers Affected:

Conference Triggers

Hearing Triggers

Trial

USDC, Central District of California, Hon. John A. Kronstadt (CAJAK)—Updates Effective 9-16-16

Text Removed:

SO Exh F I(3)(b)

SO Exh F I(5)

SO Exh F II(3)

SO Exh F III(4)

Text Added:

SO Exh A 11

SO Exh D C(7)(c)

SO Exh D (C)9

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Text Updated:

SO Exh A 7(a) [Deadline changed from 120 days to 90 days]

SO Exh A 7(b)

SO Exh A 8(a)

SO Exh A 9(b)(b)(i)

SO Exh A 9(e)

SO Exh A 10(c)(iii)

SO Exh A 10(d)

SO Exh B 2.3

SO Exh C Intro

SO Exh C 1

SO Exh D B [Deadline for lodging Final Pretrial Conference Order changed from 11

days to 14 days]

SO Exh D C(2)

SO Exh D C(5)

SO Exh D C(7)(b)

SO Exh D C(8)

SO Exh E 9

Triggers Removed:

Application to File Under Seal and Related Documents Submitted

Application to Seal Application to File Under Seal and Related Documents Submitted

Order Denying Application to Seal

Triggers Affected:

Conference—Final Pretrial Conference

Intended Delivery Date of Voluminous Trial Materials or Exhibits

Meet and Confer re Application for Under Seal Filing

Notice of Removal Filed

Trial

USDC, Central District of California, Hon. Consuelo B. Marshall (CBM)—Updates Effective September

2016

Text Updated:

Chambers Copies

LMS TP Court Hours

LMS TP Other

USDC, Central District of California, Hon. Douglas F. McCormick (CADFM)—Updates Effective

September 2016

Text Updated:

JP 6

Page 5: ALN Rule Set Update Details October 1, 2016

Page 5 of 32

USDC, Central District of California, Hon. Fernando M. Olguin (CAFMO)—Updates Effective

September 2016

Text Added:

LMS 2

Triggers Affected:

Hearing on Motion Triggers

Intended Filing Date of Motion

USDC, Central District of California, Hon. Otis D. Wright II (CAODW)—Updates Effective September

2016

Text Added:

SCMO-C 6(b)

Text Removed:

SCMO-C 6(c)

Text Updated:

PSO 1

PSO 4

SCMO-C 4

SCMO-C 5(d)

SCMO-C 6(a)

SCMO-C 6(d)SCMO-C 6(e)

SCMO-C 6(f)SCMO-C 6(g)

SCMO-C 7(b)SCMO-C 7(c)

SCMO-C 7(c) Contentions-Exhibits SCMO-C 7(d) Contentions-Exhibits

SCMO-C 7(d)SCMO-C 7(d) Declarations

SCMO-C 7(c) Jury-ReportingSCMO-C 7(e)

SCMO-C 8

SCMO-C STPD

SCMO-J STPD [Not due to update]

Triggers Affected:

Conference—Final Pretrial Conference

Conference—Scheduling Conference

Ex Parte Application Served and Filed

Hearing on Motion for Summary Judgment

Hearing on Motions in Limine

PATENT—Claim Construction/Markman Hearing

PATENT—Responsive Claim Construction Brief Served

PATENT—Scheduling Order

Trial

Page 6: ALN Rule Set Update Details October 1, 2016

Page 6 of 32

Triggers Removed:

Motion Hearing Cutoff

Order—Scheduling and Case Management Order in Non-Jury Trial

USDC, Northern District of California (NDCA)—Not Based on Rules Updated

Changes made to properly identify under seal motions as administrative, based on client feedback. Changes also

made to rule sets for all Northern District judges and magistrates.

Triggers Affected:

Motion to File Under Seal Filed

USDC, Northern District of California (Various Judges)—Updates Effective 9-15-16 and 9-20-16

Changes made for NDCA judges who participate in the Cameras in the Courtroom Pilot Project: Alsup (WHA),

Breyer (CACRB), Chen (EMC), Chesney (CAMMC), Chhabria (CAVC), Davila (CAEJD), Donato (CAJD),

Freeman (CABLF), Gonzalez Rogers (YGR), Henderson (CATEH), Illston (SI), Koh (LHK), Orrick

(CAWHO), Seeborg (CARS), Tigar (CAJT), White (CAJSW), and Wilken (CW).

Text Added:

NDCA CIC Proc. 1(c)

NDCA CIC Proc. 1(e)

Triggers Affected:

Hearing triggers

Notice of Request for Video Recording Filed

PATENT—Claim Construction/Markman Hearing

Trial

USDC, Northern District of California, Hon. James Donato (CAJD)—Updates Effective 9-1-16

Text Added:

Cal PT

Text Updated:

Cal LM

Triggers Affected:

Conference—Final Pretrial Conference

USBC, Southern District of California (CASBCT)—Updates Effective 10-3-2016

Text Updated:

CASB 2002-1(b)(1)

CASB 2002-2(d)

CASB 4002-2(b)→CASB 4002-2(c)

CASB 4002-2(c)→CASB 4002-2(d)

CASB 7016-2 [Deadline changed from 45 days to 5 days after first appearance]

Page 7: ALN Rule Set Update Details October 1, 2016

Page 7 of 32

Triggers Affected:

Motion to Dismiss Pursuant to FRCP 12 Filed

Motion to Strike Filed

Motion for More Definite Statement Filed

Pleading—Answer Filed

Pleading—Counter/Cross-Claim Filed

Pleading—Complaint Served by Mail, to Clerk, Electronically or to Designated Agency

Pleading—Complaint Served Personally

USDC, Southern District of California, Hon. Michael M. Anello (MMA)—Updates Effective 9-14-16

Text Updated:

CCR III

CCR VII→CCR VIII

CCR VIII→CRR IX

CRR IX(A)→CRR X(A)

CRR IX(B)→CRR X(B)

CRR IX(C)→CRR X(C)

Triggers Affected:

Hearing triggers

STATE

California Superior Court, Los Angeles County (CALAIC/CALAMC/LDCALA)—Updates Effective

September 2016

Text Updated:

3.23

Triggers Affected:

Conference—Case Management Conference or Review

Conference—Initial Case Management Conference or Review

California Superior Court, San Bernardino County (CABESC)—Not Based on Rules Update

Changes made to better implement CCP 430.41 re 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

Page 8: ALN Rule Set Update Details October 1, 2016

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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, San Mateo County (CASMSC)—Not Based on Rules Update

Reference to court’s webpage for complex civil litigation matters added, based on client request.

Text Updated:

Complex Discovery

Triggers Affected:

Conference—Discovery Conference

Discovery—Letter Brief re Dispute Delivered to Court in Complex Case

California Superior Court, Trinity County (CATRSC/LDCATR)—Updates Effective 7-1-16

Text Added:

5(E)(B)

6

Text Updated:

1.03(B)3(B)

1.05(B)5(B)

2.01(A)8(C)

2.01(B)8(D)

2.0310

2.05(A)12(A)

2.05(B)(2)12(B)(2)

Triggers Affected:

Hearing triggers

California Superior Court, Ventura County (CAVEAS/CAVESC/LDCAVE/CAPRVE)—Updates

Effective 9-6-16

Text Added:

Notice re Filing

Triggers Affected:

Pleading—Complaint Filed

Pleading—Complaint Received

Page 9: ALN Rule Set Update Details October 1, 2016

Page 9 of 32

California Superior Court, Alameda County (CAALSC)—Not Based on Rules Update

California Superior Court, Marin County (CAMRSC)—Not Based on Rules Update

California Superior Court, Placer County (CAPASC)—Not Based on Rules Update

California Superior Court, Riverside County (CARISC)—Not Based on Rules Update

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

California Superior Court, San Mateo County (CASMSC)—Not Based on Rules Update

California Superior Court, Santa Cruz County (CACRSC)—Not Based on Rules Update

California Superior Court, Solano County (CASOSC)—Not Based on Rules Update

California Superior Court, Sonoma County (CASNSC)—Not Based on Rules Update

California Superior Court, Ventura County (CAVESC)—Not Based on Rules Update

Changes made to better implement CCP 430.41 re demurrer procedures.

Triggers Affected:

Pleading—Acknowledgment of Receipt of Summons Executed

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

CONNECTICUT

FEDERAL

USBC, District of Connecticut (CTBK)—Updates Effective 8-29-16

Text Updated:

CMP 5(A) [Deadline changed from 2 court days to 1 week]

Triggers Affected:

Hearing—Initial Hearing on Contested Matter

STATE

Connecticut Rules of Appellate Procedure (CTRAP)—Updates Effective 9-30-16

Text Updated:

69-2

72-3(e)

72-3(g)

81-1(a)

Page 10: ALN Rule Set Update Details October 1, 2016

Page 10 of 32

DELAWARE

STATE

Delaware Supreme Court (DESC)—Updates Effective 10-3-16

Text Removed:

14(d)

15(b)(ii) [Not based on rule update]

15(b)(iii) [Not based on rule update]

15(b)(vi) [Not based on rule update]

Text Added:

14(d)(v)

Text Updated:

15(a)(v)

Triggers Affected:

Briefing—Appellant’s Opening Brief Served

Briefing—Appellant/Cross-Appellee’s Reply/Answer Brief Served

Briefing—Appellee’s Brief Served

Briefing—Appellee/Cross-Appellant’s Answer/Opening Brief Served

Notice of Appeal Filed

Record on Appeal Filed

DISTRICT OF COLUMBIA

DISTRICT

District of Columbia Superior Court—Updates Effective August 2016

Text Removed:

GO Supp Rigsby II

Triggers Affected:

Response or Opposition to Motion Filed

Page 11: ALN Rule Set Update Details October 1, 2016

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FLORIDA

FEDERAL

USBC, Middle District of Florida (FLMBK)—Updates Effective 9-1-16

Text Added:

AO FLMB-2016-3 4(d)

Text Updated:

AO FLMB-2016-2 1AO FLMB-2016-3 1

AO FLMB-2016-2 2AO FLMB-2016-3 2

AO FLMB-2016-2 3AO FLMB-2016-3 3

AO FLMB-2016-2 5AO FLMB-2016-3 5 [Deadline changed from 28 days to 30 days]

AO FLMB-2016-2 6(i)AO FLMB-2016-3 6(i)

AO FLMB-2016-2 6(j)AO FLMB-2016-3 6(j)

AO FLMB-2016-2 11AO FLMB-2016-3 11

AO FLMB-2016-2 12AO FLMB-2016-3 12

AO FLMB-2016-2 13AO FLMB-2016-3 13

AO FLMB-2016-2 14AO FLMB-2016-3 14

AO FLMB-2016-2 15AO FLMB-2016-3 15

AO FLMB-2016-2 18AO FLMB-2016-3 18

AO FLMB-2016-2 19AO FLMB-2016-3 19

AO FLMB-2016-2 20AO FLMB-2016-3 20

AO FLMB-2016-2 21AO FLMB-2016-3 21

Triggers Affected:

Amended Proof of Claim in Ch. 13 Case Filed After 9/5/16

Creditors’ § 341 Meeting, First Date Set

Current Property Appraisal Requested by Ch. 13 Trustee in Case Filed After 9/5/16

Hearing on Confirmation of Plan

Inspection of Collateral Requested by Secured Creditor in Ch. 13 Case Filed After 9/5/16

Mortgage Modification Mediation—Mediator’s Final Report Filed in Ch. 13 Case Filed After 9/5/16

Plan Payment Made in Ch. 13 Case Filed After 9/5/16

Petition Filed in Ch. 13 Case

Proof of Insurance Requested by Secured Creditor in Ch. 13 Case Filed After 9/5/16

Tax Return Filed in Ch. 13 Case

Time Fixed for Filing Proof of Claim

Page 12: ALN Rule Set Update Details October 1, 2016

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STATE

Florida Rules of Civil Procedure (FLACP)—Not Based on Rules Updated

Changes made to eliminate potential for service offsets for summons and complaint, based on client feedback.

Changes also made to all Florida Circuit Courts.

Triggers Affected:

Pleading—Summons and Complaint Served by Any Means

Florida Probate Code (FLPC)—Updates Effective 9-15-16

Text Updated:

5.646(c)(1)

5.710(c)

Florida Circuit Court, 15th Judicial Circuit – Palm Beach County (FL15)—Updates Effective September

2017

Text Updated:

Div AN I(B)

IDAHO

STATE

Idaho District Court (IDRCP)—Updates Effective 9-9-16 Changes also made in 4th Judicial District (IDO4).

Text Updated:

11.2(b)(1)

11.3(c)(1)

12(b)

Triggers Affected:

Entry of Judgment or Appealable Order

Order Disposing of Motion Triggers

Page 13: ALN Rule Set Update Details October 1, 2016

Page 13 of 32

ILLINOIS

FEDERAL

USDC, Northern District of Illinois, Hon. Elaine E. Bucklo (ILEEB)—Updates Effective 9-20-16 & 9-27-

16

Text Updated:

CP Motion Practice A [Hearing time changed from 9:30 AM to 9 AM]

JI Announcements [Hearing time changed from 9:30 AM to 9 AM]

Triggers Affected:

Hearing triggers

USDC, Northern District of Illinois, Hon. Thomas M. Durkin (ILTMD)—Updates Effective 9-6-16 and 9-

14-16

Text Updated:

CP Courtesy CopiesCP CC & Amended Complaints

CP Pretrial Procedures Intro

USDC, Northern District of Illinois, Hon. Joan B. Gottschall (ILJBG)—Updates Effective 9-15-16, 9-20-

16 and 9-21-16

Text Updated:

JI Notice

USDC, Northern District of Illinois, Mag. Iain D. Johnston (ILIDJ)—Updates Effective 8-25-16 and 9-6-

16

Text Added:

FLSA SO (1)

FLSA SO (2)

FLSA SO (3)

FLSA SO (4)

FLSA SO (5)

Text Updated:

CP General Status and Motion Practice

Triggers Affected:

FLSA—Documents re Unpaid Wages Claim in Collective Action Exchanged

FLSA—Opt-In Notice in Collective Actions Filed

Order—FLSA Scheduling Order Issued

Page 14: ALN Rule Set Update Details October 1, 2016

Page 14 of 32

USDC, Northern District of Illinois, Mag. Michael T. Mason (ILMTM)—Updates Effective 9-27-16

Text Updated:

JI Important Info [Hearing time changed from 9 AM to 10 AM]

CP Motion Practice [Hearing time changed from 9 AM to 10 AM]

Triggers Affected:

Hearing triggers

USDC, Northern District of Illinois, Hon. John J.Tharp, Jr. (ILJJT)—Updates Effective 9-27-16

Text Added:

JI Motions

Triggers Affected:

Hearing triggers

STATE

Illinois Circuit Court, 3rd Circuit, Madison County (IL3CT)—Updates Effective 8-19-16

Text Added:

IL3ASB III. C(3)(a)

IL3ASB III. C(3)(b)(2)

IL3ASB IX.(a)

Text Updated:

IL3ASB II. A(3) [Deadline to submit trial request changed from on

or before March 10th of each year to 30 days after

complaint served]

IL3ASB II. C

IL3ASB II. DIL3ASB II. D(1)

IL3ASB II. D(1)(a)-(b), IL3ASB II. (D)(1)(c), IL3ASB II. D(1)(d)IL3ASB II.

IL3ASB III. A(1)IL3ASB III. A(1)(Conclusion)

IL3ASB III. A(1) – 240

IL3ASB III. A(2)

IL3ASB III. A(4)(c)(ix)IL3ASB III. A(4)(c)(viii) [Deadline changed from 3 court days to 5 court

days]

IL3ASB V. B

IL3ASB V. C(4)IL3ASB V. C(3) [Deadline changed from 4 PM on first day of trial to

4 PM on day of settlement conference]

IL3ASB VI. B

IL3ASB VI. C

Page 15: ALN Rule Set Update Details October 1, 2016

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Triggers Affected:

Asbestos Case Special Closed

Conference—Settlement Conference in Asbestos Case

Discovery—Deposition Date in Asbestos Case

Discovery—Pathology and X-Ray Material in Expedited Asbestos Case Received

Hearing on Motion for Expedited Trial in Asbestos Case

Motion to Add Asbestos Case to Trial Docket Filed

Notice of Intent to Dismiss Defendant Without Prejudice in Special Closed Asbestos Case Received

Notice of Plaintiff’s Records in Documents and Materials Depository in Asbestos Case Received

Order Granting Motion for Expedited Trial in Asbestos Case

Plaintiff Specific Records Received in Asbestos Case by Defendant Placed in Documents and Materials

Depository

Pleading—Complaint Filed

Pleading—Summons and Complaint Served Personally

Record, Document, or Tangible Item in Asbestos Case Deposited by Plaintiff with Documents and Materials

Depository

Trial in Asbestos Case

Triggers Removed:

Trial Schedule for Following Year in Asbestos Case Issued

Illinois Circuit Court, 17th Circuit, Winnebago County (IL17WC)—Updates Effective 9-8-16

Text Added:

Appx FM-5

2.14(J)

2.14(L)

2.14(O)

Text Updated:

2.14(B)

2.14(F)2.14(G)

2.14(H)2.14(I) [Deadline to communicate concerns with intake coordinator changed from

deadline for pre-mediation conference to 10 days after notice of entry into

program filed]

2.14(J)2.14(K)

Triggers Affected:

Pleading—Summons and Complaint Served Personally

Residential Mortgage Foreclosure Mediation Program—Mediation Session

Residential Mortgage Foreclosure Mediation Program—Notice of Entry Into Mediation Program

Residential Mortgage Foreclosure Mediation Program—Notice of Entry Into Mediation Program Filed

Residential Mortgage Foreclosure Mediation Program—Homeowner’s Application to Participate in Mediation

Received

Residential Foreclosure Mediation Program—Notice of Service of Process Received by Court

Residential Foreclosure Mediation Program—Pre-Mediation Conference Report Issued

Page 16: ALN Rule Set Update Details October 1, 2016

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Residential Foreclosure Mediation Program—Pre-Mediation Conference Report Received

Residential Foreclosure Mediation Program—Trial Payment Plan, Permanent Modification, or Agreement for

Relinquishment Offered

INDIANA

FEDERAL

USBC, Southern District of Indiana (INSDBK)—Updates Effective 8-29-16

Text Removed:

B-1019-1(b)(2) [Not based on rules updated]

Text Added:

B-6004-4(d)

Text Updated:

B-1002-1(b)

B-1019-1(b)(1)

B-2014-1(b)(1)

B-4001-1(a)(4)(B)

B-7007-1(a)(2)

B-7007-1(b)

B-7030-1(d)

B-9070-1(b)

Triggers Affected:

Order Converting Case to Ch. 7 Entered

Use, Sale, or Lease of Estate Property

USDC, Southern District of Indiana (INSD)—Updates Effective 9-1-16

Text Updated:

5-10(e)

80-1(b)80-1(b)(intro) [Not based on rules updated]

Triggers Removed:

Fax Filing

Triggers Affected:

Notice of Removal Filed

Pleading—Complaint Filed

Page 17: ALN Rule Set Update Details October 1, 2016

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STATE

Indiana Circuit and Superior Court, Hendricks County (INHEN)—Updates Effective 10-1-16

Text Removed:

LR32-AR00-Rule 3(B)

Triggers Affected:

Pleading—Complaint Filed

Pleading—Complaint Received

MARYLAND

STATE

Maryland Court of Special Appeals (MDCSA)—Not Based on Rule Updates Relevant changes made in Maryland Circuit Courts

Text Added:

8-411(b)(3)

8-412(a)(3)

Triggers Affected:

Notice of Appeal Filed (Circuit Court)

MICHIGAN

FEDERAL

USDC, District of Michigan (MIED)—Not Based on Rules Update

Triggers Affected:

Order Entered Triggers

STATE

Michigan Supreme Court (MISC)—Updates Effective 9-22-16

Text Updated:

7.306(E)7.306(D)

7.306(H)7.306(G)

Page 18: ALN Rule Set Update Details October 1, 2016

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Michigan Court of Appeals (MICOA)—Updates Effective 9-22-16

Text Added:

7.213(A)(2)(c)

7.213(A)(2)(d)

Triggers Affected:

Mediation—Completion Deadline per Order of Referral

Mediation—Mediator’s Notice re Mediation Status Filed

MONTANA

FEDERAL

USDC, District of Montana (MTDC)—Updates Effective 8-2016

Text Updated:

GF 8(k)(i)GF 8(l)(i)

NEW JERSEY

STATE

New Jersey Superior Court (Law & Chancery Divisions) (NJSC)—Updates Effective 9-1-16, 9-30-16, and

10-1-16

Relevant changes also made in New Jersey Supreme Court and Superior Court Appellate Division.

Text Added:

Foreclosure E-Filing

Text Removed:

JEFIS-Foreclosure (23)

Text Updated:

1: 5-1(a)

1: 5-6(c)(1)

1: 6-5

4:14-2(a)

4:21A-4(f)

4:58-5

Page 19: ALN Rule Set Update Details October 1, 2016

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Triggers Affected:

Document Required to Be Filed Electronically Returned in Foreclosure Action

Triggers Removed:

Affidavit of Proof and Schedule of Amounts Due Containing Fax Signature in Foreclosure Action

NEW MEXICO

FEDERAL

USDC, District of New Mexico (DCNM)—Updates Effective August 2016

Text Added:

ECF Sec 4(b)

ECF Sec 5(c)

ECF Sec 6(d)(2)

ECF Sec 9(c)

ECF Sec 9(d)(1)

ECF Sec 15(b)

ECF Sec 15(c)

ECF Sec 15(d)

ECF Sec 15(e)

ECF Sec 15(g)

Triggers Affected:

Entry of Judgment

Judgment Entered on Docket

Notice of Deficiency of Credit Card for E-Filing

Notice of Electronic Filing

Notice of Removal Filed

Pleading—Complaint Filed

Transcript Filed

Page 20: ALN Rule Set Update Details October 1, 2016

Page 20 of 32

NEW YORK

FEDERAL

USBC, Southern District of New York, Hon. Robert D. Drain (NYRDD)—Updates Effective September

2016

Text Removed:

SPTO 7

Text Updated:

SPTO 6

Notices of Presentment

Telephonic Appearances

Triggers Affected:

Objection Due per Notice of Presentment of Motion

Trial

Triggers Removed:

Order--Scheduling and Pre-Trial Order

USDC, Eastern District of New York, Hon. Nicholas G. Garaufis (NYNGG)—Updates Effective 9-22-16

Text Updated:

IR II.E

IR III.B.1

IR III.B.2

IR V.A

IR V.B [Deadline for filing motions in limine changed from 20 days to 30 days before jury

selection; deadline for filing pretrial memorandum and statement of elements of claim or

defense changed from 15 days to 20 days before trial; deadline for submitting statement

of damages, proposed voir dire questions, jury instructions, and verdict sheet changed

from 15 days before trial to 20 days before jury selection]

IR VI

Triggers Affected:

Conference triggers

Hearing triggers

Jury Selection

PATENT—Initial Scheduling Conference

Trial

Page 21: ALN Rule Set Update Details October 1, 2016

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USDC, Eastern District of New York, Hon. Nina Gershon (NYNG)—Updates Effective 8-29-16

Text Updated:

IMP 2(E)

IMP 3(A)

IMP 3(C)IMP 3(B)

IMP 3(D)IMP 3(C)

IMP 4(A)

IMP 4(B)

USDC, Eastern District of New York, Mag. Roanne L. Mann (NYRLM)—Updates Effective 8-2-16

Text Removed:

IR III(A)

Text Added:

IR III(B)(1)

Text Updated:

IR II(D)IR II(E)

Triggers Affected:

Conference—Pre-Motion Conference

Letter Motion Requesting Pre-Motion Conference re Dispositive Motion Served

Triggers Removed:

Notice of Letter Requesting Pre-Motion Conference Served

USDC, Eastern District of New York, Hon. Leonard D. Wexler (NYLDW)—Updates Effective 9-6-16

Text Added:

IMPR 7

Triggers Affected:

Jury Selection

USDC, Southern District of New York, Hon. Katherine B. Forrest (NYKBF)—Updates Effective 8-22-16

Text Updated:

IRP 2.F.

IRP 3.B.

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USDC, Southern District of New York, Hon. Paul G. Gardephe (NYPGG)—Updates Effective 8-30-16

Text Added:

ITP 6(A)

Triggers Affected:

Trial

USDC, Southern District of New York, Hon. Robert W. Sweet (NYRWS)—Updates Effective 9-7-16

Text Added:

IP 5

Triggers Affected:

Decision on Hearing or Motion Issued

Trial

USDC, Southern District of New York, Hon. Gregory H. Woods (NYGHW)—Updates Effective 9-7-16

Text Updated:

MRO FLSA

Triggers Affected:

Order—Mediation Referral Order in FLSA Case

STATE

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

Rules Update

Text Added:

2017 Calendar

Triggers Affected:

Opening Day of . . . 2017 Term triggers

New York Supreme Court, New York County, Hon. George J. Silver (NYNYGS)—Updates Effective 9-

23-16

Text Updated:

RJ Silver Adjournments

RJ Silver Prelim Conf

RJ Silver Summary Judgment [Deadline changed from 120 days to 60 days]

Triggers Affected:

Note of Issue Filed

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NORTH CAROLINA

STATE

North Carolina Superior Court, 4B Judicial District, Onslow County—Not Based On Rule Updates

Triggers Affected:

First Day of Session

OHIO

STATE

Ohio Rules of Civil Procedure (OHRCP)—Not Based on Rules Update

Relevant updates also made in Courts of Common Pleas and Courts of Appeals.

Triggers Affected:

Hearing on Application for Default Judgment

Magistrate’s Decision Filed

Ohio Court of Appeals, 3rd District (OHCOA3)—Not Based on Rule Updates

Triggers Removed:

Fax Filing—Document Filed

Ohio Court of Appeals, 4th District (OHCOA4)—Not Based on Rule Updates Miscellaneous changes made, based on client input, including properly distinguishing between accelerated

and/or priority cases and clarifying deadline regarding pro hac vice admission.

Text Added:

13(C)

Text Updated:

13(D)

Triggers Affected:

Briefing—Appellant’s Brief Filed

Briefing—Appellant’s Brief in Accelerated Calendar or Priority Case Served triggers

Briefing—Appellant's Reply Brief in Priority Case Filed

Briefing—Cross-Appellant’s Brief Filed

Briefing—Cross-Appellant's Reply Brief in Priority Case Filed

Notice of Filing of Record in Accelerated Case Mailed

Pleading—Complaint Filed

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Pleading—Summons and Complaint Served

Record Filed in Priority Case

Record Transmitted

Ohio Court of Appeals, 6th District (OHCOA6)—Updates Effective 1-1-2016

Text Added:

6(C)(1)(a)

6(C)(1)(b)(i)

6(C)(1)(b)(ii)

6(C)(1)(b)(iii)

6(C)(1)(d)

6(C)(1)(e)

8(C)(7)

8(C)(12)

9(B)

Text Updated:

3(A)(2)

66(B)

9(B)9(C)

9(C)9(D)

12(B)

Triggers Affected:

Alternative Writ in Expedited Pending Elections Case Served Triggers

Briefing—Appellant’s Brief in Accelerated Calendar Case Served Triggers

Briefing—Relator’s Evidence and Merit Brief in Support of Complaint in Expedited Pending Elections Case

Served

Briefing—Respondent’s Merit Brief in Expedited Pending Elections Case Served

Entry of Judgment

Judgment Entry in Expedited Pending Elections Case Served

Order in Expedited Pending Election Case Served

Motion for Reconsideration in Expedited Pending Elections Case Served

Motion for Summary Judgment Served

Notice of Scheduling of Oral Argument

Pleading—Answer Served Triggers

Response or Opposition to Motion for Summary Judgment Served

Ohio Court of Appeals, 9th District (OHCOA9)—Not Based on Rule Updates Added deadlines for responses based on filing of certain motions/applications, based on client input.

Triggers Affected:

Application to Grant or Reduce Bond Filed

Motion to Stay Filed

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Ohio Court of Appeals, 12th District (OHCA12)—Not Based on Rule Updates

Note re pro hac vice motion clarified, based on client input.

Triggers Affected:

Briefing—Appellant’s Brief in Accelerated Calendar Case Served triggers

Briefing—Appellant’s Brief Served triggers

Notice of Filing of Record in Accelerated Case Mailed

Notice of Filing of Record Mailed

Ohio Court of Common Pleas, Butler County (OHBUCP)—Not Based on Rules Update

Miscellaneous changes made, based on client feedback, including to distinguish between foreclosure and non-

foreclosure cases and to properly identify events pertaining to medical claims arbitration.

Text Added:

6.07(D)(6)

8.02(A)

8.02(B)(4)

8.02(E)

8.02(H)

8.02(I)(6)

Triggers Affected:

Arbitration—Award Entered

Arbitration—Award in Medical Claims Arbitration Filed

Confirmation Entry in Action Requesting Judicial Sale Filed

Date Scheduled for Judicial Sale of Real Estate

Judgment Entry for Distribution

Notice of Noncompliance of Creditor

Notice Requesting Changes to Proposed Order Confirming Judicial Real Estate Sale

Notice to Creditors to File Claims

Order Appointing Receiver

Order of Sale in Action Requesting Judicial Sale Returned

Pleading Requesting Judicial Sale of Real Estate

Pleading—Complaint Filed

Proposed Judgment Entry in Judicial Sale of Real Estate Action Submitted

Receiver’s Trust and Duties Completed

Trial

Writ of Execution in Action Requesting Judicial Sale Returned

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Ohio Court of Common Pleas, Fulton County (OHFLC)—Not Based on Rule Updates

Changes made to correct time calculation for certain events.

Triggers Affected:

Motion or Other Paper Without Time for Required Response Fixed by Law or Rule Served

Pleading—Pleading or Amended Pleading Without Time for Required Response Fixed by Law or Rule Served

Response to Pleading, Amended Pleading, Motion, or Other Paper Without Time for Required Response Fixed

by Law or Rule Served

Ohio Court of Common Pleas, Hamilton County (OHHCC)—Not Based on Rules Update

Miscellaneous changes made, based upon client input, including additional language in event names to clarify

parties and/or when event occurs, and differences between local rules and Ohio Rules of Civil Procedure.

Triggers Affected:

Arbitration—Hearing

Entry of Judgment or Appealable Order

Hearing on Motion for Appointment of Receiver in Foreclosure Case

Magistrate’s Decision re Application for Default Judgment Filed

Mediation—Conference

Motion for Judgment in Accordance with Motion for Directed Verdict Served

Motion for Judgment Notwithstanding Verdict Served

Ohio Court of Common Pleas, Montgomery County (OHMOCP)—Not Based on Rule Updates Combined local rule and statewide (RCP) rule re deadline to file depositions, based on client input.

Triggers Affected:

Pretrial Statement Due

Trial

OREGON

STATE

Oregon Circuit Court, 20th Judicial District, Washington County (ORWASH)—Updates Effective 8-29-

16

Text Updated:

5.032 Arb Eligible

5.032 Civil Motions

5.032 Not Arb Eligible

5.032 Process Information

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Triggers Affected:

Arbitration—Arbitrator Appointed

Hearing Triggers

Notice re Case Not Arbitration Eligible Ready to Be Set for Trial

Pleadings—Complaint Filed

PENNSYLVANIA

STATE

Pennsylvania Rules of Appellate Procedure (PARAP)—Updates Effective 10-1-16

Text Added:

2187(b)

Text Updated:

531(a)(1)531(b)(4)

Triggers Affected:

Briefing—Appellant’s Brief Due per Deferred Briefing Schedule

Briefing—Appellant’s Brief Served Triggers

Record on Appeal Filed

TEXAS

STATE

Texas Rules of Appellate Procedure (TX-RAP)—Updates Effective 9-1-16

Changes made to Texas Appeals Courts, Texas Supreme Court, and Texas County/District Courts, where

applicable.

Text Removed:

20.1(c)(1)

20.1(c)(2)

20.1(c)(3)

20.1(e)(1)

20.1(i)(2)(A)

20.1(i)(2)(B)

20.1(j)(1)-(2)

20.1(j)(3)

20.1(j)(4)

Text Updated:

28.3(c)

28.3(f)

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Triggers Affected:

Notice of Appeal Filed (County/District Court)

Triggers Removed:

Affidavit of Indigence Filed for Appellate Proceeding

Contest to Affidavit of Indigence Filed (County/District Court)

Contest to Affidavit of Indigence Referred from Appellate Court Received (County/District Court)

Motion Challenging Order Sustaining Contest to Affidavit of Indigence Filed

Order to Pay Costs for Preparation of Unnecessary Items in Clerk's Record

Order to Pay Costs for Preparation of Unnecessary Items in Clerk's Record (Court of Appeal)

Order to Pay Costs for Preparation of Unnecessary Additions in Reporter's Record (County/District Court)

Order Sustaining Contest to Affidavit of Indigence Signed (County/District Court)

Preparation of Record Requested by Respondent

Texas Rules of Civil Procedure (TX-RCP)—Updates Effective 9-1-16

Changes made to all Texas Civil District Courts and Texas Courts of Appeals

Text Added:

145(f)(5)

145(g)(2)

Triggers Affected:

Hearing on Motion for Payment of Costs Notwithstanding Statement of Inability Afford Payment of Court

Costs

Order Requiring Payment of Costs Notwithstanding Statement of Inability to Afford Payment of Court Costs

Signed

Order Requiring Payment of Costs Notwithstanding Statement of Inability to Afford Payment of Court Costs

Signed (County/District Court)

UTAH

FEDERAL

USDC, District of Utah (UTDC)—Updates Effective 9-7-16

Text Added:

SDFMP (8)

SDFMP (11)

Text Updated:

SDFMP (6) [Deadline changed from by 4 PM day before hearing to 3 court days after

motion filed.]

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Triggers Affected:

Hearing on Short Form Discovery Motion

Magistrate’s Oral Ruling on Short Form Discovery Motion

Magistrate’s Written Ruling on Short Form Discovery Motion

Motion—Short Form Discovery Motion Filed

VERMONT

STATE

Vermont Rules of Civil Procedure (VTRCP)—Updates Effective 9-12-16

Text Removed:

16.3(a)(1)(B)

16.3(c)(1)(A)

16.3(c)(1)(B)

16.3(c)(1)(C)

16.3(c)(3)

16.3(c)(4)

16.3(c)(6)

16.3(d)(1)

16.3(d)(2)

16.3(e)(5)

Text Added:

16.3(b)(1)

16.3(c)(2)

Text Updated:

80.11(b)

80.11(d)(1)

80.11(d)(2)

Triggers Affected:

Pleading—Answer Filed

Pleading—Request for Waiver of Service of Summons Sent

Pleading—Summons and Complaint Served

Mediation—Conference

Mediation--Mediator Declines or Withdraws from Assignment

Mediation--Objection to Mediator for Conflict of Interest

Triggers Removed:

ADR—Conference/Session

ADR—List of Neutrals Sent

ADR—List of Preliminary Evaluators Sent

ADR—Neutral Selected by Parties Refuses Assignment, Withdraws, or is Disqualified

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ADR—Order of Disqualification of Preliminary Evaluator

Agreement to Use Alternative Dispute Resolution Filed

Notice Requiring Alternative Dispute Resolution Mailed

Order Granting Motion for Alternative Dispute Resolution

Pleading—Answer to Crossclaim Filed

Pleading—Reply to Counterclaim Filed

Stipulation for Alternative Dispute Resolution

VIRGINIA

STATE

Virginia Circuit Court, Loudoun County (VALDCC)—Updates Effective 8-31-16

Text Updated:

G RD

WASHINGTON

STATE

Washington Superior Court, Benton and Franklin Counties (WABESC/WAFRSC)—Updates Effective 9-

1-16

Text Updated:

LCR 4(f)(2)(I)(15)LCR 4(f)(2)(I)(14)

LCR 4(f)(2)(I)(16)LCR 4(f)(2)(I)(15)

LCR 4(f)(2)(I)(17)LCR 4(f)(2)(I)(16)

LCR 5(c)

LCR 7(b)(7)(A) [Deadline changed from 6 court days to 5 court days]

LCR 16(b)LCR 16(a)

LCR 16(c)LCR 16(b)

Triggers Affected:

Hearing on Motion Triggers

Washington Superior Court, Chelan County (WACHSC)—Updates Effective 9-1-16

Text Updated:

LR 5(d)(6)

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Washington Superior Court, King County (WAKCSC)—Updates Effective 9-1-16

Text Updated:

4.2(a)

7(b)(8)

Washington Superior Court, Kitsap County (WAKIT)—Updates Effective 9-1-16

Text Updated:

LCR 77(k)(10)(A)(iv) LCR 77(k)(10)(A)(v)

LCR Exh. D-2LCR Exh. D-1

Washington Superior Court, Pierce County (WAPCSC)—Updates Effective 9-1-16

Text Updated:

3(b)3(c)

3(g)3(i)

3(h)(1)-(4)3(h)(1)-(3)

3(i)(1)-(2)3(j)(1)-(2)

7(b)(1)(D)(i)

7(b)(1)(D)(ii)

16(b)(2)

16(c)(1)

MAR 2.1(a)

MAR 2.1(b)

Triggers Removed:

Confirmation of Joinder Filed

Triggers Affected:

Case Schedule Filed or Assigned Triggers

Motion for More Definite Statement Triggers

Motion to Dismiss per Rule 12 Triggers

Motion to Strike Triggers

Notice of Appearance Triggers

Pleading—Answer Triggers

Pleading—Answer Containing Counterclaim Triggers

Pleading—Answer Stating Crossclaim Triggers

Pleading—Complaint Filed

Washington Superior Court, Skagit County (WASKSC)—Updates Effective 9-1-16

Text Updated:

SCLCR 40(d)

SCLCR 56(c)(3)

SCLCR 57(a)(3)

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WEST VIRGINIA

STATE

West Virginia Rules of Civil Procedure (WVRCP)—Updates Effective 9-13-16

Text Updated:

17.01(a)


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