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NOVEMBER 2018
 
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Court Alerts
Litigation Section Newsletter

Editors:
Oscar Rene Gutierrez
Gary Goodstein


Litigation Executive Committee:

Officers:
Angela M. Machala, Chair
Monisha A. Coelho, Chair Elect
Douglas N. Silverstein Vice Chair
Eric Y. Kizirian, Secretary
Joshua G. Hamilton, Immediate Past Chair

 
 
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Court Alerts
 

U.S. COURT OF APPEALS FOR THE 9TH CIRCUIT

New and Revised Forms

  • On December 1, 2018, in conjunction with newly revised FRAP and Circuit Rules, the Ninth Circuit will be rolling out new and revised forms that are designed to simplify filing with the Court. 

    Some of the highlights are:

    * New form motion for extension of time to file anything (other than streamlined extension) - Form 14
    * New form Representation Statement - Form 6
    * New form Statement of Related Cases - Form 17
    * New form response to motion or court order - Form 28
    * New form CR 27-3 certificate for emergency and urgent motions - Form 16
    * New form response to notice of consideration for calendar sittings (and new filing type) - Form 32
    * Revised form Certificate of Service for electronically filed documents (conforming to revised Circuit Rule 25-5(f)) - Form 15
    * Revised Mediation Questionnaire (to facilitate subsequent, separate confidential submissions) - Form 7
    * Revised form Notice of Sealing and new form Notice of Intent to Unseal (separated into two separate forms for clarity) - Forms 19 and 20
    * New filing type for notice of appearance/substitution of counsel - no form or other attachment required
    * New filing type for notice of withdrawal of counsel (in civil cases) - no form or other attachment required
    * New filing type for Acknowledgement of Hearing Notice - no form or other attachment required 
    * New filing type for non-opposition to motion - no form or other attachment required
  • The forms that are intended for electronic filing include instructions regarding which filing type to use and how to complete and attach a fillable PDF. The filing types listed above that will no longer require an attachment or form (like the existing streamlined extension of time filing type) are listed in the CM/ECF User Guide at the Court's website.
    http://cdn.ca9.uscourts.gov/datastore/uploads/cmecf/ecf-user-guide.pdf

FEDERAL COURTS

Vacancies

  • There are currently six vacancies.
  • As of November 14, 2018, President Trump expressed an intent to nominate three District Court Judges and three Circuit Court Judges.

Pro Bono “Work to Empower”

  • Federal Court to hold one public event for victims of domestic violence.
  • Goal is to increase resources to Native American tribe members.

Amended Local Rules Effective December 1, 2018.

  • The amended Local Civil Rules and Local Admiralty Rules listed below will become effective December 1, 2018.  Redlined versions of these rules, as well as complete copies of the Local Civil Rules and Local Admiralty Rules that will be effective December 1, 2018, are available on the Court’s website.

Local Civil Rules:

L.R. 5-3.2.1 L.R. 54-3.2 L.R. 54-3.12
L.R. 5-3.2.3 L.R. 54-3.3 L.R. 54-3.13
L.R. 54-1 L.R. 54-3.4 L.R. 54-4
L.R. 54-2 L.R. 54-3.5 L.R. 54-5
L.R. 54-2.1 L.R. 54-3.6 L.R. 54-6
L.R. 54-2.2 L.R. 54-3.7 L.R. 54-7
New L.R. 54-2.4 L.R. 54-3.8 L.R. 54-8
New L.R. 54-2.5 L.R. 54-3.9 L.R. 54-9
L.R. 54-3 L.R. 54-3.10 L.R. 54-10
L.R. 54-3.1 L.R. 54-3.11 L.R. 54-11
 

Local Admiralty Rules:

New L.A.R. C.6 L.A.R. E.13(a) L.A.R. E.14(d)
L.A.R. E.15(f)    

  • All proceedings in cases commenced on or after December 1, 2018, and, insofar as just and practicable, all proceedings then pending will be governed by these amended rules.

Los Angeles County Superior Court Updates

Electronic-Filing (“E-Filing”) in the Civil Division

  • The Los Angeles Superior Court has begun to implement efiling in Civil Division cases.  Below you will find a schedule of efiling dates for voluntary and mandatory efiling.
  • During the voluntary phase, documents may be presented for filing at the clerk’s office or may be submitted electronically. Attorneys must efile documents as of the dates marked as mandatory.
  • The revised implementation schedule for Civil Division efiling is as follows:

Limited – voluntary________________________ November 13, 2018
Limited – mandatory_______________________ December 3, 2018
Unlimited – voluntary ______________________ December 3, 2018
Unlimited/Complex – mandatory______________ January 2, 2019

  • A link to a video of the public meeting held on Tuesday, October 23, 2018, at the Omni Los Angeles Hotel, during which information regarding electronic filing was provided, can also be accessed from the Court’s website at: http://www.lacourt.org/division/efiling/efiling2.aspx
  • An informational meeting regarding efiling in Complex Civil will be held on Friday, December 14, 2018, at 3:00pm in Room 222 at the Stanley Mosk Courthouse.
Civil Division to Eliminate Direct Fax Filing Upon Implementation of Mandatory Efiling
  • Upon the implementation of mandatory efiling, the Civil Division will no longer accept fax filings for civil documents as follows:

Limited _________________________________ December 3, 2018
Unlimited _______________________________ January 2, 2019
Complex ________________________________ January 2, 2019

  • Fax filings will continue to be accepted for Small Claims until further notice.

Judicial Updates

  • Assistant Presiding Judge Kevin C. Brazile will serve as the Presiding Judge for the 2019-2020 term, beginning on January 1, 2019.
  • Judge Eric C. Taylor will serve as the Assistant Presiding Judge for the 2019-2020 term, beginning on January 1, 2019
  • Judge Samantha P. Jessner will serve as Supervising Judge of the Civil Division for the 2019-2020 term, beginning on January 1, 2019.
  • Judges Dalila Corral Lyons and Ruth A. Kwan will serve as the Assistant Presiding Judges of the Civil Division for the 2019-2020 term, beginning on January 1, 2019.

Spring Street Courthouse Update

  • Courthouse hours are 7:30 a.m. to 5:30 p.m.
  • All case filings must be filed in the Clerk’s Office at the Stanley Mosk Courthouse, but be sure to deliver judges’ courtesy copies to the Spring Street courtrooms.
 

About Court Alerts

The Litigation Section of LACBA is proud to provide "Court Alerts," an e-mail publication aimed at informing LACBA Litigation Section members of recent news related to the Los Angeles Superior Court and the U.S. Central District of California, including re-assignments of judges, changes in court structure, and other information important to litigators.


Readers are advised that changes in the law may affect the accuracy of this publication or the functionality of links after the publication date. The foregoing practice tips were prepared for information purposes only. Such practice tips do not constitute tax, legal or other advice and no responsibility is assumed for any reliance upon them or with respect to assessing or advising the reader as to tax, legal, or other consequences arising from a particular situation. The accuracy of the information provided should be independently verified by the reader and should not be treated as authoritative.


 

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