Federal Procedure

Justice O'Connor to Hear 2d Circuit Cases Next Week

As reported here, next week, former US Supreme Court Justice Sandra Day O'Connor will be part of a three judge panel hearing cases for the United States Court of Appeals for the Second Circuit:

Former Supreme Court Justice Sandra Day O'Connor will wear the black robe again next week when she joins a federal appellate court panel in Manhattan to hear arguments on five cases...

They will consider five cases, including one criminal, one bankruptcy and three civil in nature.

Definitely might be worth listening in on if you practice in New York City.


Proposed Changes to the Northern District of New York's Local Rules

The Northern District of New York has proposed a number of changes to its local rules.  A summary of the proposed changes, which includes links to the proposed changes can be found here.

The following is a summary of the proposed changes:

  • Language added within 7.1(d) to reinforce requirement articulated in L.R. 26.2 that for discovery motions, the discovery material needs to be filed with the motion
  • Modified to include language that the filing of a motion for reconsideration under Local Rule 7.1 (g) tolls the ten day time period to file objections. See Ri Sau Kuen Chan v. NYU Downtown Hosp., 2004 W L 1886009 (S.D.N.Y. Aug. 23, 2004); Norex Petroleum Ltd. v. Access Industries, Inc., 2003 WL 21872389 (S.D.N.Y. Aug. 7, 2003); EEOC v. Venator Group, 2001 WL 246376 (S.D.N.Y. Mar. 13, 2001); Yurman Design Inc. v. Chaindom Enterprises, Inc., 2000 WL 1871715 (S.D.N.Y. Dec. 20, 2000)
  • Modified 3rd paragraph of 7.1(4) to require parties requesting leave to file a supplemental pleading under Fed. R. Cvi. P. 15(d) to provide a red-lined version of the supplemental pleading
  • 16.2 amended to specifically include requests for admissions within the list of devices subject to the requirements of this Rule
  • 81.3 modified...to include language stating “a motion filed in state court will not be considered unless it is refiled in this Court in accordance with these Rules"
  • 83.4(g) incorporated new procedures regarding attorney discipline proceedings.

Comments regarding the proposed rule changes are being accepted until September 7, 2006 at the following address:

John M. Domurad
Chief Deputy
James T. Foley Courthouse
445 Broadway
Albany, NY 12207

If enacted, the changes will become effective on January 1, 2007.


Supreme Court--Unpublished Opinions Can Now be Cited in Federal Courts

Unpublished opinions are currently prohibited from being cited by the Second, Seventh, Ninth and Federal circuits and six other circuits discourage their use.  However, as reported here, that will change come January 1, 2007 as a result of the Supreme Court's approval on Wednesday of the Federal Rule of Appellate Procedure 32.1.   A copy of the Court's notice can be found here.

This new rule allows attorneys to cite unpublished opinions in federal circuit courts.  However, each circuit court is allowed to determine the precedential value of the unpublished decisions.


Rule Changes for the Northern District of New York

Those who practice in federal court in the Northern District of New York probably already know that a number of procedural changes have been adopted.  Here's all the information that you need regarding the changes.

Pilot Transcript Project
:  The NDNY is participating in a new pilot project regarding the electronic availability of civil and criminal transcripts, which applies to all transcripts ordered on or after February 13, 2006.  The notice to the bar regarding the Pilot Transcript Project can be found here.  Additional information can be found here.

New Local Rules for the NDNY:  The new rules became effective as of January 1, 2006, and can be found here.  A summary of the rules changes can be found here.

Change to Chief Judge Scullin's motion practice:  Effective January 1, 2006, Judge Scullin changed the procedure for his civil motion practice.  Further information can be found here.


New Rules for the US Court of Appeals, 2d Circuit

Effective December 1, 2005, the US Court of Appeals for the 2d Circuit has adopted Local Rules 25 and Rule 32(a)(1).  Also, please note the changes to the Federal Rules of Appellate Procedure described in a previous post.

The new rules can be found here

Rule 32(a)(1) requires 1) that all parties in counseled cases submit a digital brief as a pdf e-mail attachment in addition to submitting 10 hard copies of the brief, 2) that counsel certify that the document has been scanned for viruses and that none were detected and a copy of the certification should be attached to both the pdf brief and the paper brief, and 3) if you're unable to comply with the digital brief requirement because it is impractical or presents an undue hardship, you are required to submit a certification outlying your reasons for failing to submit the digital brief.   

Rule 25 requires that litigants submit an unbound copy of any paper document filed with the Court.

Additional information and sample forms can be found here.