Maley: Federal court rule changes are coming Dec. 1
This year, notable changes are coming to the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, Federal Rules of Evidence, and Federal Rules of Bankruptcy Procedure.
Federal Bar Update: John Maley
Articles
John Maley: Southern District rule change imposes new page limits
A new rule regarding page limits on briefing reduces opening and response briefs from 35 to 30 pages, with reply briefs reduced from 20 to 15 pages.
Maley: Discoverability and inadequate objections
Federal courts frequently address discovery disputes, with many addressing discoverability and inadequate objections.
Maley: New federal rule changes effective Dec. 1
Effective Dec. 1, various amendments took effect to several rules in the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure and Federal Rules of Evidence.
Maley: Diversity jurisdiction and LLCs
Whether federal question jurisdiction exists is typically apparent and not contested. Diversity jurisdiction, however, is improperly invoked with frequency.
Maley: Changes to Indiana Southern District local rules
Effective July 1, the Southern District of Indiana made minor amendments to Local Rules 5-11 (sealed filings); Local Rule 6-1 (extensions of time); Local Rule 37-1 (discovery disputes); Local Rule 81-1 (removal); and Local Rule 83-5 (admission).
Maley: Sealed or redacted filings: Caselaw and procedures
Although most civil cases proceed to resolution or judgment without the need for sealing or redacting any filings, many cases do include filings with personal identifiers, trade secrets or other matters potentially suitable for sealing or redaction.
Maley: Newer attorney in-court opportunity in IN Southern District
Magistrate Judge Kellie Barr has created a unique program for attorneys with less than seven years in practice to gain in-court experience.
Maley: Notable January rulings from Indiana federal judges
During January, Indiana federal judges issued multiple informative opinions on common procedural issues.
Maley: Rules matter in federal civil practice
Rules matter in federal civil practice, as recent decisions from the 7th Circuit Court of Appeals and district courts in Indiana confirm.
Maley: Modest federal rule amendments as end of 2022 nears
Pursuant to the Rules Enabling Act, amendments to federal rules that have been approved by the Supreme Court by May 1 of each year take effect Dec. 1. This year the number and scope of amendments that will take effect Dec. 1 is modest.
Maley: 7th Circuit addresses amending pleadings after deadline
In Allen v. Brown Advisory, LLC, 41 F.4th 843 (7th Cir. 2022), the plaintiff appealed from the dismissal of his action and denial of his motion to amend his complaint. The 7th Circuit Court of Appeals affirmed; the discussion on seeking to amend pleadings after the amendment deadline has passed is relevant procedurally and provides an excellent primer.
Maley: Proceeding under a pseudonym
The local federal courts regularly address procedural issues that recur from time to time. Most such decisions get little attention beyond the parties but are often informative for many federal practitioners. Whether and how to proceed under a pseudonym is one such example. Two informative opinions from the Southern District of Indiana provide excellent roadmaps.
Maley: IN Northern District local rules changes you should know
The Northern District of Indiana approved amendments to five local rules effective Feb. 25, specifically to Local Rules 5-3, 6-1, 7-1, 7-6 and 56-1. Several of the amendments are significant and impact everyday federal civil practice.
Maley: Insights from the Indiana federal bench
At the annual federal civil practice seminar held in December, federal judges and staff offered practical insights and information.
Maley: Upcoming federal rule changes: Appellate, local rules
Federal rule changes take effect each Dec. 1 and govern all proceedings in cases thereafter commenced and, insofar as just and practicable, all proceedings then pending
Maley: Third-party subpoenas: Advance service compliance
Federal practitioners regularly issue and respond to third-party subpoenas for documents. Expansive revisions to Rule 45 of the Federal Rules of Civil Procedure were made in 2013, but many subpoenas are still issued that do not comply. One of the most common issues is failing to serve parties with the third-party subpoena prior to (or even after) service on the third party.
Maley: Article III threshold issues: Cases and controversies
Case or controversy limitations on judicial power have permeated U.S. judicial history and include standing, ripeness and mootness. Although these core concepts have been fundamental to and well developed in federal court jurisprudence, they continue to arise and evolve, with the Supreme Court taking up and issuing opinions on these case or controversy topics in recent years, and the district and appellate courts addressing these topics repeatedly.
Maley: A look at statutes, rules, caselaw on recovering costs
To recover or oppose a costs award, a working knowledge is important of the interplay among federal statutes, federal rules, local rules and caselaw.
Maley: Recurring removal issues show numerous pitfalls
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.