ALN Rule Set Update Details July 11, 2017

Transcription

1 ALN Rule Set Update Details July 11, 2017 INTELLECTUAL PROPERTY Trademark Rules (TM) Updates Effective Text Removed: 2.146(i)(1) 2.146(i)(2) 2.64(a)(1) 2.64(b)(1) 2.66(d) 2.66(a) 2.66(c) 2.66(f) 2.66(e)(1) 2.146(a)-(b) 2.146(d) 2.146(e)(1) 2.146(e)(2) 2.146(j) 2.146(i)(1) Affidavit of Use or Excusable Nonuse Filed Application to Renew Registration Filed Office Records Updated to Show Cancellation or Expiration of Registration Abandonment of Application Discovered Abandonment of Application Due to Office Error Discovered Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Discovered Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Indicated on Trademark Electronic Records System Abandonment of Application Indicated on Trademark Electronic Records System Abandonment of Application Indicated on Trademark Electronic Records System Due to Office Error Cancellation or Expiration of Registration Discovered Cancellation or Expiration of Registration Due to Office Error Discovered Cancellation or Expiration of Registration Indicated on Trademark Electronic Records System Page 1 of 16

2 Cancellation or Expiration of Registration Indicated on Trademark Electronic Records System Due to Office Error Denial of Certification of International Application Discovered Denial of Certification of International Application Indicated on Trademark Electronic Records System Denial of Petition to Director Discovered Denial of Petition to Director Issued Denial of Petition to Revive Abandoned Application Due to Unintentional Delay Discovered Denial of Petition to Revive Abandoned Application Due to Unintentional Delay Issued Filing Leading to Request for Relief Received Notice of Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Issued Notice of Abandonment of Application Issued Due to Office Error Notice of Cancellation or Expiration of Registration Issued Due to Office Error Office Action Issued Office Final Action Issued Trademark Application Filed FEDERAL PROCEDURE Federal Rules of Civil Procedure (FRCP) Not Based on Rules Updated Changes made in all U.S. District Courts, excluding CACD and judges, CAND and judges, CASD and judges, ILND and judges, NYED and judges, and NYSD and judges, to account for deposition notices accompanied by an FRCP 34 request for production. Changes will be made in remaining rule sets for the August 1 rules release. 30(b)(2) Discovery Deposition Date per Notice Accompanied by Request for Production ALABAMA STATE Alabama Rules of Civil Procedure (ALRCP) Updates Effective Relevant changes made in all Circuit Courts and District Court as well. 64A Page 2 of 16

3 CALIFORNIA FEDERAL USBC, Northern District of California (CANBCT) Updates Effective April 2017 CANB Ch. 13 Calendar Proc. Para 4 CANB Ch. 13 Cal Proc (Basic Steps) CANB Ch. 13 Calendar Proc. Para 7, 10 CANB Ch. 13 Cal Proc (Ch.13 Contest. Matter Cal) and CANB Ch. 13 Cal Proc (Proc. Contest. Mat. Cal) CANB Ch. 13 Calendar Proc. Para 13 CANB Ch. 13 Cal Proc (Pre-Con Dismissal Cal Par 3) CANB Ch. 13 Calendar Proc. Para 14 CANB Ch. 13 Cal Proc (Pre-Con Dismissal Cal Par 4) CANB Ch. 13 Calendar Proc. Para 15 CANB Ch. 13 Cal Proc (Post-Con Dismissal Cal) Creditors' 341 Meeting, First Date Set Hearing on Contested Matter in Ch. 13 Case Hearing on Motion to Dismiss or Convert Case USDC, Central District of California, Hon. Consuelo B. Marshall (CBM) Updates Effective July 2017 JPS MCC USDC, Central District of California, Hon. Otis D. Wright II (CAODW) Updates Effective and July 2017 JPS LMS VII(C) SCMO-C 4 SCMO-C 7(e) SCMO-J 4 [Deadline changed from 3PM next court day to next court day] [Deadline changed from 3PM next court day to next court day] Notice of Removal Filed Pleading Complaint Filed USDC, Northern District of California, Mag. Susan van Keulen (CASVK) Updates Effective CSDSO (Privilege Logs) CPSO III CSDSO (Discovery) SCSO (SCS) Page 3 of 16

4 Discovery Interrogatories Served Discovery Request for Admissions Served Discovery Request for Production or Inspection Served Discovery Interrogatories Served by Mail, to Clerk, or to Designated Agency Discovery Interrogatories Served Personally or Electronically Discovery Request for Admissions Served by Mail, to Clerk, or to Designated Agency Discovery Request for Admissions Served Personally or Electronically Discovery Request for Production or Inspection Served by Mail, to Clerk, or to Designated Agency Discovery Request for Production or Inspection Served Personally or Electronically USDC, Southern District of California, Mag. Ruben B. Brooks (CARBB) Updates Effective CR Civil Motions Motion Hearing Date Obtained STATE California Division of Labor Standards Enforcement (CADLSE) Updates Effective (b) 98.7(c) [Deadline changed from 10 court days to 30 calendar days] 98.7(d) 98.7(e) [Deadline for Labor Commissioner to provide notice of determination changed from 60 days to 1 year] Notice of Determination of No Unlawful Discharge or Discrimination Violation Notice of Determination of Unlawful Discharge or Discrimination Violation Pleading Complaint re Unlawful Discharge or Discrimination Violation Filed California Superior Court (CASCUD/CASCLD) Not Based on Rules Updated Changes made to all California Superior Courts to eliminate duplicate response event and to eliminate inapplicable service options for certain documents. CRC (a) CRC (a); CCP 659a Page 4 of 16

5 Brief Supporting Motion for New Trial Served Hearing on Claim of Exemption After Levy Under CCP , et seq. Memorandum and/or Brief in Support of Motion for New Trial Filed and Served triggers California Superior Court, Amador County (CAAMSC/LDCAAM) Updates Effective (C) [Not based on rules updated] [Not based on rules updated] [Not based on rules updated] (A)-(B) 5.01(C)(1) (A) 8.05(B) (A)-(B) Conference triggers Hearing triggers Notice of Return Check Mailed Pleading Acknowledgment of Receipt of Summons Executed Pleading Complaint Filed Pleading Complaint Received Pleading First Day Summons Published in Newspaper Pleading Summons and Complaint Mailed After Substituted Service or Mailed to Person Outside CA Pleading Summons and Complaint Served Personally Trial triggers Page 5 of 16

6 California Superior Court, Butte County (CABUSC/LDCABU) Updates Effective Notice to Party in Receipt of Waiver of Court Fees/Costs to Satisfy Statutory Lien on Dispute Resolution Proceeds of $10,000 or More Pleading Complaint Filed Pleading Complaint Received California Superior Court, Fresno County (CAFRSC/LDCAFR/CAPRFR) Updates Effective (A)(1) 2.5.1(C) 2.5.1(D) 2.5.1(E) 2.5.4(A) 2.5.6(A) 2.6.2(A) (A) (B) (C) (D) (B) (C) Conference Mandatory Settlement Conference Petition to Cancel Mandatory Settlement Conference Served Request for Pretrial Discovery Conference Served Request to Change Date or Other Special Request re Settlement Conference Received Trial triggers California Superior Court, Fresno County, Probate Division (CAPRFR) Updates Effective (A) Order Appointing Personal Representative California Superior Court, Humboldt County (CAHUSC/LDCAHU) Updates Effective Text Removed: 2.9(b) Page 6 of 16

7 2.9(a) 2.9(d)(2) 2.9(d)(3) 2.9(d)(4) 2.9(d)(5) JT Conference 2.6(c) 2.6(a) 2.6(b) 2.6(c) 2.6(d) 2.8.4(a) Hearing on Ex Parte Application Pleading Answer Filed Pleading Complaint Filed California Superior Court, Los Angeles County (CALAIC/LDCALA/LDCALO) Updates Effective Changes made in all other Los Angeles Superior Courts. 2.3(a)(1)(E) California Superior Court, Marin County (CAMRSC/LDCAMR/CAPRMR) Updates Effective (H) California Superior Court, Merced County (CAMCSC/LDCAMC) Updates Effective (K)(5) 1.9(C) 1.9(E) 11 Conference Case Management Conference or Review Conference Initial Case Management Conference or Review Conference Mandatory Settlement Conference Hearing Triggers Page 7 of 16

8 Trial Triggers California Superior Court, Monterey County (CAMOSC/LDCAMT) Updates Effective Text Removed: 1.06(C) (B) 6.15(A) (A) [Deadline changed from 48 hours to 2 court days] 19.07(B)(5) 19.07(B)(6) Hearing Judgment Debtor Examination Pleading Complaint Filed Pleading Complaint Received Unlawful Detainer Request to Set Case for Trial Filed California Superior Court, San Joaquin County (CASJSC/LDCASJ/CAPRSJ) Updates Effective (A)(3) 3-102(A)(5) 3-113(D) 3-121(B) California Superior Court, San Luis Obispo County (CASLSC/LDCASL) Updates Effective Text Removed: 7.17(b) Hearing triggers Superior Court of California, County of Santa Cruz (CACRSC/LDCASR) Updates Effective (b) Page 8 of 16

9 2.9.01(a) (b) (b) (b) (a) (c) (e) (b)(1) (1) (a) (2) (b) (3)(a) (c)(1) (3)(b) (c)(2) (4) (d) (5) (e) (d) (d) (c) (e) [Deadline changed from time of master calendar call to noon on day of trial calendar call/master calendar] [Deadline changed from noon on day of trial to noon on day of trial calendar call/master calendar] Conference Case Management Conference triggers Hearing triggers Motion Filed and Served Order Denying Motion to Strike Entered in Unlawful Detainer Case Order Granting Motion to Strike Without Leave to Amend Entered in Unlawful Detainer Case Trial triggers Trial Calendar Call/Master Calendar for Long Cause Trial Superior Court of California, County of Shasta (CASHSC/LDCASH) Updates Effective (B) Hearing triggers California Superior Court, Sonoma County (CASNSC/LDCAON/CAPRSN) Updates Effective (A)(1) 5.6(D) Page 9 of 16

10 Hearing or Presentment Date of Ex Parte Application Pleading Complaint Filed California Superior Court, Stanislaus County (CASTSC/LDCASU/CAPRST) Updates Effective (A) 3.01(B) 3.01(C) 3.01(E) California Superior Court, Tulare County (CATLSC/LDCVTU) Updates Effective (a)(8) (d)(1) 709(d)(2) Conference Case Management Conference in CEQA Leadership Project, Sacramento Arena Project, or Capital Building Annex Project Case Conference Case Management Conference or Review Conference Initial Case Management Conference or Review FLORIDA FEDERAL USBC, Middle District of Florida (FLMBK) Updates Effective (c)(1)(ii) (c)(1)(B) (c)(2)(iii) (c)(2)(C) (b) (f)(1) (f)(2) (f)(3) (f)(4) (f)(5) (f)(6) (f)(7)(i) (f)(7)(A) (f)(7)(ii) (f)(7)(B) Page 10 of 16

11 STATE Florida Circuit Court, 10th Judicial Circuit, Hardee, Highlands, and Polk Counties (FL10) Updates Effective AO B(3) AO B(3) AO D. AO D. AO E. AO E. AO G. AO G. AO K(2) AO K(2) GEORGIA FEDERAL USBC, Middle District of Georgia (GAMBK) Updates Effective Text Removed: (a)(3) [Not based on rules updated] (d)(2)(A) (d)(2)(B) (a) (c) (b)(3)(i) [Deadline changed from 21 days after date of modification to 21 days after notice of modification served] Modification of Ch. 13 Plan Filed Hearing on Confirmation of Plan Notice of Motion to Modify Ch. 13 Plan Before Confirmation Served ILLINOIS FEDERAL USDC, Northern District of Illinois, Marvin E. Aspen (ILMEA) Updates Effective CP Motion Practice Page 11 of 16

12 USDC, Northern District of Illinois, Mag. Jeffrey T. Gilbert (ILJTG) Updates Effective JI Important Info Motion Filed Hearing triggers Motion for More Definite Statement Filed Motion to Dismiss per Rule 12 Filed Motion to Strike Filed Notice of Removal Filed Pleading Complaint Filed USDC, Northern District of Illinois, Hon. Charles P. Kocoras (ILCPK) Updates Effective JI Notice INDIANA FEDERAL USDC, Southern District of Indiana (INSD) Updates Effective (c) MICHIGAN STATE Michigan Circuit Court, Calhoun County (37th CIR.) (MICHN) Updates Effective and Text Removed: 2.403(C)(1) 2.403(C)(3) 2.403(D) Mediation Past Due Notice for Unpaid Fees Mailed Mediation Settlement Conference Page 12 of 16

13 OHIO FEDERAL USBC, Southern District of Ohio (OHSBK) Updates Effective Notice re Ch. 7 Fee Waiver Notice re Mailing List Creditors 341 Meeting, First Date Set Order for Relief Entered in Ch. 11 Case Order for Relief Entered in Ch. 7 Case Petition Filed Triggers STATE Ohio Court of Appeals, 10 th District, Franklin County (OHCA10) Updates Effective (E) [Not based on rules updated] Text Removed: 7(B) 1(G) 3(B)(1) 5(D)(2) 6(C) 8(A) 8(C) 11(B) 11(C) 12 13(E) 13(H) 13(K) 13(L) 13(M)(1) 13(M)(3) 13(M)(2) 14 Motion for Extension of Time Served Page 13 of 16

14 Briefing Appellant s Brief Served by Mail Triggers Briefing Relator s Brief in Original Action Served Briefing Respondent s Brief in Original Action Served Designation of Additional Parts of Transcript for Inclusion in Record (Trial Court) Served by Mail or Commercial Carrier Evidence Presented in Original Action Magistrate s Decision Filed Triggers Magistrate s Order Filed Triggers Ohio Rules of Civil Procedure (OHRCP) Updates Effective Changes also made in all Court of Common Pleas. 34(B)(1) 36(A)(1) Ohio Court of Common Pleas, Clermont County (OHCTCC) Updates Effective Pleading Complaint Filed Ohio Court of Common Pleas, Franklin County (OHHCC) Updates Effective (A) 39.05(B) Pleading Complaint Filed in 12-Month Track Case Pleading Complaint Filed in 24-Month Track Case PENNSYLVANIA STATE Pennsylvania Rules of Civil Procedure (PARCP)--Not Based on Rules Updated Relevant changes also made in all Courts of Common Pleas. PAJA 4011(C) Page 14 of 16

15 Hearing on Motion for Writ of Seizure in Replevin Action Order Denying Application for Reduction of Costs for Transcription Order Disposing of Application for Waiver of Costs for Transcription Transcript Deposit Received by Court Pennsylvania Court of Common Pleas, 1st Judicial District, Philadelphia County (PA01) Updates Effective RJA 4007(E) Transcript Partial Payment Received by Court Pennsylvania Court of Common Pleas, 5 th Judicial District, Allegheny County (PA05) Updates Effective RJA 4007(C) RJA 1901 [Not based on rules updated] Triggers Deleted: Transcript Deposit Received by Court Conference Pretrial Conference Eminent Domain Viewers Hearing Hearing Triggers Presentation Date of Petition to Open Default Judgment Presentation Date of Motion Pennsylvania Court of Common Pleas, 38th Judicial District, Montgomery County (PA38) Updates Effective RJA 4009(F)(3) Conference Triggers Hearing Triggers Trial Page 15 of 16

16 VIRGINIA STATE Virginia Circuit Court (VACC) Updates Effective Changes made in all Circuit Courts. Relevant changes made in Court of Appeals and Supreme Court VACODE (B) VACODE VACODE (B) VACODE (B) VACODE (C) VACODE (A) VACODE (C) [Deadline changed from 15 days to 30 days] [Deadline to comply with medical records subpoena changed from 20 days after subpoena served to the later of 15 days after subpoena issued or 5 days after receipt of certification that no motion to quash filed] [Deadline changed from 3 months to 90 days] Discovery Subpoena for Production or Inspection Served Discovery Certification re Motion to Quash Subpoena Duces Tecum for Health Records Received by Health Care Entity Discovery Request for Health Records Received Discovery Request/Attorney-Issued Subpoena Duces Tecum for Health Records Discovery Subpoena for Production or Inspection Compliance Date Entry of Final Judgment, Appealable Order, or Decree Entry of Judgment (District Court) Hearing Continued Hearing to Establish Final Rent and Damages in Unlawful Detainer Action Hearing Initial hearing on Summons for Unlawful Detainer Writ of Possession Issued Page 16 of 16