Changes to the 2009 Federal Rules Presented to NALS…the association for legal professionals Wednesday, January 13, 2010 7:...
Changes to the 2009 Federal Rules Chris Gierymski Director of Docketing DLA Piper LLP (US) <ul><li>Federal Time Computatio...
Changes to the 2009 Federal Rules <ul><li>Federal Time Computation Project </li></ul><ul><li>Adoption of “days are days” a...
Changes to the 2009 Federal Rules <ul><li>Federal Time Computation Project </li></ul><ul><li>Amended Rules </li></ul><ul><...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul>Changes to the 2009 Federa...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Confusion with the federal rules prior to December 1, 2009 </li...
<ul><li>Example: Response due 10 days after motion served. </li></ul><ul><li>Under former FRCP 6(a)(2), if the time period...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Application of Rul...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Specific definitio...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>To calculate deadl...
<ul><li>Example: </li></ul><ul><li>U.S.D.C. District of Columbia </li></ul><ul><li>Trigger: January 11, 2010 Motion filed ...
<ul><li>Same Example: </li></ul><ul><li>U.S.D.C. District of Columbia </li></ul><ul><li>Trigger: January 11, 2010 Motion f...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>To calculate deadl...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Some confusion still exists how the rule changes apply to deadl...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Example #2 : A court scheduling order entered on October 14, 2...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Other notable item...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Other notable item...
<ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Conclusion </li></...
Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 Questions & Answers
<ul><li>About the Speaker </li></ul><ul><li>Chris Gierymski is the Director of Docketing at the law firm of DLA Piper LLP ...
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Nals Presentation

Presentation to NALS...Association of Legal Professionals
Published on: Mar 3, 2016
Source: www.slideshare.net


Transcripts - Nals Presentation

  • 1. Changes to the 2009 Federal Rules Presented to NALS…the association for legal professionals Wednesday, January 13, 2010 7:00 P.M. CST This webinar is offered for informational purposes only and the content should not be construed as legal advice. MAKE EVERY DAY COUNT
  • 2. Changes to the 2009 Federal Rules Chris Gierymski Director of Docketing DLA Piper LLP (US) <ul><li>Federal Time Computation Project </li></ul><ul><li>Background </li></ul><ul><li>On December 1, 2009 changes were made to the Federal Rules of Civil Procedure (FRCP), Federal Rules of Appellate Procedure (FRAP), Federal Rules of Criminal Procedure (FRCrP), and Federal Rules of Bankruptcy Procedure (FRBP) to meet the following goals: </li></ul><ul><ul><li>Simplify time computations </li></ul></ul><ul><ul><li>Eliminate inconsistencies related to time computation between the Federal rules </li></ul></ul><ul><ul><li>Clarify the rules related to time computation </li></ul></ul><ul><li>More than 90 Federal rules were changed </li></ul><ul><li>More than 25 Federal laws were changed </li></ul>January 13, 2010 Make Every Day Count
  • 3. Changes to the 2009 Federal Rules <ul><li>Federal Time Computation Project </li></ul><ul><li>Adoption of “days are days” approach – count every day regardless if it is a weekend, holiday, or regardless of the number of days allowed for the response </li></ul><ul><li>Elimination of the former calculations that counted in court days when the time period was fewer than 11 days for FRCP, FRAP, and FRCrP and 8 days for FRBP </li></ul><ul><li>Addition of provisions for counting periods stated in hours – every hour counts </li></ul><ul><li>1, 3, or 5 day periods became 7 day periods </li></ul><ul><li>20 day periods became 21 day periods </li></ul><ul><li>10 or 11 day periods became 14 day periods with some exceptions </li></ul><ul><li>Periods shorter than 30 days were revised to be multiples of 7 (i.e. 7, 14, 21, 28) </li></ul>Make Every Day Count January 13, 2010
  • 4. Changes to the 2009 Federal Rules <ul><li>Federal Time Computation Project </li></ul><ul><li>Amended Rules </li></ul><ul><li>Civil Rules 6, 12, 14, 15, 23, 27, 32, 38, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72, 81, Supplemental Rules B, C, and G, and Illustrative Civil Forms 3, 4, and 60 </li></ul><ul><li>Appellate Rules 4, 5, 6, 10, 12, 15, 19, 25, 26, 27, 28.1, 30, 31, 39, and 41 </li></ul><ul><li>Criminal Rules 5.1, 7, 12.1, 12.3, 29, 33, 34, 35, 41, 45, 47, 58, 59, Rule 8 of the Rules Governing § 2254 Cases, and Rule 8 of the Rules Governing § 2255 Proceedings </li></ul><ul><li>Bankruptcy Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 </li></ul>Make Every Day Count January 13, 2010
  • 5. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 6. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Confusion with the federal rules prior to December 1, 2009 </li></ul><ul><li>Under former FRCP 6(a)(2), if the time period was less than 11 days you would exclude intermediate Saturdays, Sundays, and legal holidays </li></ul><ul><li>The following anecdote addresses the timing problems associated with this and other former rules ¹: “Twelve days usually last 12 days, while 10 days never last just 10 days. Ten days always last at least 14 days, eight times a year 10 days can last 15 days, and once per year 10 days can last 16 days.” </li></ul><ul><li>¹ See The Days of Our Circuit Court Lives at http://www.uscourts.gov/rules/presentations.html </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 7. <ul><li>Example: Response due 10 days after motion served. </li></ul><ul><li>Under former FRCP 6(a)(2), if the time period was less than 11 days you would exclude intermediate Saturdays, Sundays, and legal holidays. </li></ul><ul><li>Trigger: January 11, 2010 Motion filed electronically </li></ul><ul><li>Event Deadline: </li></ul><ul><li>January 29, 2010 Last court day to file and serve opposition to motion </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 Using former rules prior to 12-1-09 10 days turned into 15 days plus 3 extra days for service
  • 8. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Application of Rules </li></ul><ul><li>The amendments to the FRCP “shall govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.” </li></ul><ul><li>If the application of the amended rules to pending proceedings “would not be feasible or would work injustice, the former rule applies” </li></ul><ul><li>Local courts were asked to revise their rules in compliance with the amendments – a majority did but some did not </li></ul><ul><li>Does not change judicial orders that set a date certain </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 9. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Specific definition of the meaning of “last day” Rule 6(a)(4) now states the “last day” ends for paper filings “when the clerk's office is scheduled to close.“ For electronic filing, the last day ends &quot;at midnight in the court's time zone.“ “Last hour,” when counting by hours, is extended to the same time on the first day that’s not a weekend or legal holiday </li></ul><ul><li>Specific definition of the meaning of “next day” Rule 6(a)(5) states the “next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event” </li></ul><ul><li>Adding three extra days for mailing Rule 6(d) which gives lawyers an additional 3 days if served by mail or e-filing has survived </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 10. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>To calculate deadlines under the new rules: </li></ul><ul><li>Exclude the day that triggers the period </li></ul><ul><li>Count every day thereafter, including intermediate Saturdays, Sundays and legal holidays </li></ul><ul><li>Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday </li></ul><ul><li>Add the 3 extra days provided by Rule 6(d) if served by e-filing or mail, unless local rules otherwise provide </li></ul><ul><li>When counting backwards, continue to count backwards if the last day of the count is a weekend or holiday. So if your last day is Saturday, the filing is due the Friday before that Saturday </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 11. <ul><li>Example: </li></ul><ul><li>U.S.D.C. District of Columbia </li></ul><ul><li>Trigger: January 11, 2010 Motion filed electronically </li></ul><ul><li>Event Deadline: </li></ul><ul><li>January 25, 2010 Last court day to file and serve opposition to motion </li></ul><ul><li>Local Rule 7(b) provides that a response is due 11 days thereafter and FRCP 6(d) provides the 3 extra days for e-filing service. </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 Former Rules before 12-1-09
  • 12. <ul><li>Same Example: </li></ul><ul><li>U.S.D.C. District of Columbia </li></ul><ul><li>Trigger: January 11, 2010 Motion filed electronically </li></ul><ul><li>Event Deadline: </li></ul><ul><li>January 28, 2010 Last court day to file and serve opposition to motion </li></ul><ul><li>Local Rule 7(b) provides that a response is due 14 days thereafter and FRCP 6(d) provides the 3 extra days for e-filing service. </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 New Rules after 12-1-09
  • 13. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>To calculate deadlines under the new rules stated in hours: </li></ul><ul><li>Begin counting immediately </li></ul><ul><li>Count every hour thereafter, including intermediate Saturdays, Sundays and legal holidays </li></ul><ul><li>If the final hour would otherwise fall on a weekend or holiday, the period continues to run to the same time on the next day that is not a weekend or holiday </li></ul><ul><li>Example: If a court orders that papers be filed 48 hours after a hearing, and the hearing is on a Friday at 10:00 AM, then the deadline to file such papers would be on Monday by 10:00 AM. </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 Friday Saturday Sunday Monday
  • 14. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Some confusion still exists how the rule changes apply to deadlines which started running before December 1st </li></ul><ul><ul><li>Do you count under the new “days are days” approach or do you apply the pre-December 1 rules since the clock started ticking before then? </li></ul></ul><ul><ul><li>Does it make a difference? It could. </li></ul></ul><ul><li>Example #1 : You were served with a motion on Monday, November 16, 2009 and had 10 days to respond. </li></ul><ul><ul><li>Those 10 days were counted excluding holidays and weekends and adding the 3 extra days for electronic service resulted in a deadline of Monday, December 7, 2009 . </li></ul></ul><ul><ul><li>Under the new rules that went into effect on December 1, 2009, you had 14 days to respond, counting weekends and holidays and adding the 3 extra days resulted in a deadline of Thursday, December 3, 2009 . </li></ul></ul><ul><ul><li>Which deadline should have been applied? </li></ul></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 15. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Example #2 : A court scheduling order entered on October 14, 2009 requires that all objections be filed no later than 10 days after expert witness lists and exhibits are submitted to the court. The expert witness lists and exhibits are submitted on January 11, 2010. </li></ul><ul><ul><li>Are the 10 days counted excluding holidays and weekends as instructed by the pre-December 1 rules in existence when the order was signed, resulting in a deadline of Tuesday, January 26, 2010 ? or </li></ul></ul><ul><ul><li>Are the 10 days counted including holidays and weekends as instructed by the new rules in effect on December 1, 2009, resulting in a deadline of Thursday, January 21, 2010 ? </li></ul></ul><ul><ul><li>Which deadline applies? </li></ul></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 16. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Other notable items </li></ul><ul><li>Deadline to respond to a complaint is now 21 days rather than 20 days - FRCP 12(a) </li></ul><ul><li>Deadline to file a motion for new trial is now 28 days rather than 10 court days – FRCP 50(b) </li></ul><ul><li>Deadline to serve motion to review clerk's taxation of costs is now 7 days rather than 5 court days – FRCP 54(d) </li></ul><ul><li>Responses to interrogatories and document requests remain unchanged at 30 days </li></ul><ul><li>Rules 50, 52 and 59 – Dealing with judgments, findings and conclusions by the court, and new trials - Periods of 10 days in those rules became 28 days </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 17. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Other notable items (cont’d) </li></ul><ul><li>Rule 56 has also been amended to reflect a new process for filing a motion for summary judgment. Under the new rule, and in the absence of a local rule, any party may move for summary judgment at any time until 30 days after the close of discovery. The party defending against summary judgment in turn has 21 days to file a responsive brief. A reply by the moving party is due 14 days after the response is served. This amendment is streamlined and changes a rule that was previously unnecessarily complicated. </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010
  • 18. <ul><li>Federal Rules of Civil Procedure </li></ul><ul><li>Effective December 1, 2009 </li></ul><ul><li>Conclusion </li></ul><ul><li>The amendments to the federal rules attempt to simplify the attorney’s life with regard to calculations and deadlines </li></ul><ul><li>Will the new rules have such an outcome? Only time will tell </li></ul><ul><li>One thing is for sure – you have to </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 MAKE EVERY DAY COUNT
  • 19. Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 Questions & Answers
  • 20. <ul><li>About the Speaker </li></ul><ul><li>Chris Gierymski is the Director of Docketing at the law firm of DLA Piper LLP (US). He has been involved in calendaring and rules support for over 20 years. He leads a team of 10 docketing specialists that support over 600 lawyers in the 27 U.S. offices of DLA Piper. He is a founding member of the Chicago Area Docket Association, manager of the Docket Forum on LinkedIn, and serves in advisory roles on various docketing, e-filing, and rules committees. </li></ul><ul><li>He can be reached at [email_address] . </li></ul><ul><li>About DLA Piper </li></ul><ul><li>DLA Piper has 3,500 lawyers working in 67 offices and 29 countries around the world. Lawyers operating from offices in Asia, Europe, the Middle East and the United States provide high quality legal advice to clients in their local market and internationally. With a vision to be the leading global business law firm, DLA Piper draws on the knowledge of locally and internationally trained lawyers advising on a broad range of matters including commercial, corporate, bankruptcy and restructuring, tax, finance, human resources, litigation, real estate, regulatory and legislative, technology, and media and communications in every major market around the world. </li></ul>Changes to the 2009 Federal Rules Make Every Day Count January 13, 2010 NALS…the association for legal professionals Wednesday, January 13, 2010

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