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Local Rules amendments

By Michael Smith

Chief Judge Heartfield just signed G.O. 08-02, Download go_082.pdf which amends a couple of our local rules.  Among other things, the order (1) allows attorneys to e-file sealed documents without first having to seek permission to do so; and (2) authorizes attorneys to file applications for extension of time to answer that are grantable by the clerk, subject to certain parameters. In short, instead of filing a motion to extend a time to answer where the extension sought is (1) unopposed; (2) not more than 30 days; and (3) doesn't result in an overall extension of 45 days for the defendant, now you file an application, which the clerk's office handles, rather than the judge having to review a motion and sign an order.  There is also a  minor revision to the comment to the amendments to Patent Rules 2-1 and 3-1 in General Order 07-09.

The new rule changes, including those contained in General Order 07-9 ,Download 07-9.pdf go into effect this Monday, January 14th (that order had previously said January 1, 2008). 

I have not previously posted much substantively on 07-09, but here is generally what it covers:

        - Mandatory e-filing of complaints & online payment of filing fees by attorneys in civil cases
        - Filing of ex parte documents in CD-ROM format rather than e-filing
        - Streamlined procedure for permission to file overlength documents
        - Better way of identifying emergency motions
        - Mandatory double spacing of e-filed documents
        - New procedure for contested bills of costs
        - Non-mandatory, but recommended, practice of providing trial exhibits in CD-ROM format
        - Revised criminal motions rule
        - New procedure governing the e-filing of plea agreements in criminal cases
        - Completely revised Court-Annexed Mediation Plan
        - Bar members obliged to notify court of disbarment or suspension received from another court     or state bar
        - Clarification of procedure governing disciplinary actions initiated in this court
        - Clarification that the initial case management conference under the local patent rules = Rule 16 conference
        - Deadline for serving infringement contentions under local patent rules changed from 10 days post-scheduling conference to 10 days after scheduling conference.

Full post as published by Eastern District of Texas Federal Court Practice on January 11, 2008 (boomark / email).