ALN Rule Set Update Details July 8, 2016
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1 ALN Rule Set Update Details July 8, 2016 ALTERNATIVE DISPUTE RESOLUTION AAA Employment Arbitration Rules and Mediation Procedures (AAAEMP) Updates Effective AFS FFS AFS SFS(Refunds-SFS-Final Fees) AFS SFS(Refunds-SFS-Initial Filing Fees) AAA International Dispute Resolution Procedures (AAAINT) Updates Effective AFS FFS IAFS FFS AFS SFS(Refunds-SFS-Final Fees) IAFS SFS(Refunds-SFS-Final Fees) AFS SFS(Refunds-SFS-Initial Filing Fees) IAFS SFS(Refunds-SFS-Initial Filing Fees) APPEALS U.S. Court of Appeals, 9th Circuit (9CIRCT) Updates Effective Relevant changes made in all 9th Circuit USDC courts. Text Removed: (b) (a)(1) 27-10(a)(2) Briefing Triggers Motion Served Notice of Appeal Filed (District Court) Order Disposing of Attorneys Fees Entered by Appellate Commissioner Order Granting Permission to Appeal Entered Order Interlocutory Order Entered Page 1 of 13
2 U.S. Court of Appeals, Federal Circuit, Cases Docketed Before 4/1/16 (FDCIR) Not Based on Rules Update Changes made to correctly apply service offset. Briefing Cross-Appellant s Brief Served triggers ARKANSAS USBC, Eastern and Western Districts of Arkansas (AREWBK) Updates Effective AP II(F)(2) CALIFORNIA USDC, Southern District of California, Mag. William V. Gallo (WVG) Not Based on Rules Update Changes made based on unique deadline calculation. Discovery Response to Interrogatories Served triggers Discovery Response to Request for Admissions Served triggers Discovery Response to Request for Production or Inspection Served triggers California Claims and Actions Against Public Entities and Public Employees (CACAPE) Updates Effective (d)(3) 965(c) 998.2(a) 998.2(d) Claim Arising Out of Activities of Judicial Branch Entity or Judge Reported to Department of General Services Rejection of Department's Offer of Compensation Based on Injury or Loss from Lake Davis Northern Pike Eradication Project Mailed Page 2 of 13
3 California Superior Court (CASCUD/CASCLD) Not Based on Rules Update Trigger and event added to all CA Superior Court rule sets based on client feedback. Notice of Entry of Order Served California Probate Code (CAPROB) Updates Effective Changed made in all California Superior Court, Probate Divisions. 9202(b) Letters to Personal Representative with General Powers Issued Notice of Death Received by Director of California Victim Compensation Board California Superior Court, Butte County (CABUSC/LDCABU) Updates Effective PRCI 1 LA PRCI Request PRCI 5 LA PRCI Cancel Conference triggers Hearing triggers Mediation Conference Trial triggers California Superior Court, Los Angeles County (CALAIC) Updates Effective Updates effective in all Los Angeles County rule sets. 2.3(a)(1)(E) Pleading Complaint Filed Page 3 of 13
4 California Superior Court, Marin County (CAMRSC/LDCAMR/CAPRMR) Updates Effective (D)(2) Hearing on Discovery Motion Triggers Mediation Referral to Discovery Facilitator Program Filed Motion Discovery Motion Filed California Superior Court, Nevada County (CANESC/LDCANE/CAPRNE) Updates Effective Conference Mandatory Settlement Conference California Superior Court, Orange County, Probate Division (CAPROC) Updates Effective Text Removed: Hearing on Petition for Letter of Administration Hearing on Petition for Probate of Will California Superior Court, Riverside County (CARISC/LDCARI/CAPRRI) Updates Effective (A)(1) 3211(A)(2) 3401(2) [Not due to update] California Superior Court, San Francisco County (CASFSC/LDCASF) Updates Effective Changes made in all non-probate San Francisco County Superior Courts. Text Removed: 8.2(A)(2)(c) California Superior Court, San Francisco County, Asbestos Cases (SF503/SF503P) Updates Effective (C)(1)(b) 20.0(F)(3) 20.1(B)(6)(2)(a) Page 4 of 13
5 California Superior Court, San Francisco County, Probate Division (CAPRSF) Updates Effective (C) 14.67(E)(1) 14.67(G)(1) 14.67(F) 14.67(H) 14.67(G) 14.67(I) 14.75(B) 14.76(A)(2) 14.77(A)(6) 14.91(L) California Superior Court, Tuolumne County (CATUSC/LDCATO) Updates Effective (b) (b) (a) (a) (d)(1) (d)(1) (d)(3) (d)(3) (e) (e) (b) (b) Page 5 of 13
6 FLORIDA USBC, Middle District of Florida (FLMBK) Updates Effective Text Removed: (a) [Not based on rules update] (a) (j)(1) (j)(4) (j)(5) (l)(1) (c) (b) Entry of Final Judgment or Order Judgment Entered on Docket Order Dismissing Case Subject to Right to File Motion for Entry of Stipulated Form of Final Order or Judgment or to Reopen Adversary Proceeding Florida Probate Code (FLPC) Not Based on Rules Update Changes made based on unique deadline calculation. Notice of Administration Served triggers HAWAII USBC, District of Hawaii (HIBK) Updates Effective GO re Ch. 13 Fees 5(a)(i) Payment or Agreement re Compensation to Attorney or Petition Preparer Made After Statement of Compensation Filed Page 6 of 13
7 ILLINOIS USDC, Northern District of Illinois, Hon. Gary Feinerman (ILGF) Updates Effective JI Important Info [Deadline changed from 4 court days to 3 court days] Hearing or Presentment Date of Motion USDC, Northern District of Illinois, Hon. Virginia M. Kendall (ILVMK) Updates Effective CP Initial Status Conferences USDC, Northern District of Illinois, Hon. Charles P. Kocoras (ILCPK) Updates Effective JI Important Info 1 JI Notice INDIANA Indiana Rules of Appellate Procedure (INSCA) Updates Effective Relevant changes made to all Indiana Circuit and Superior Courts. 11(B) (Appeals Filed On or After ) 9(H) 10(F) 10(G) 11(B) 11(B) (Appeals Filed Before ) 11(D) 12(A) 16(B) [Deadline changed from 15 days to 7 days] [Deadline changed from 15 days to 7 days] [Deadline changed from 15 days to 7 days] [Deadline changed from 30 days to 7 days] [Deadline changed from 30 days to 15 days] Page 7 of 13
8 Administrative Agency Appeals Transcript Filed (Administrative Agency) Copy of Record Requested from Trial Court Notice of Appeal Filed for Appeals Filed Before Notice of Appeal Filed for Appeals Filed On or After Transcript Filed (Trial Court) Indiana Rules of Trial Procedure (INSRC) Updates Effective Relevant changes made to all Indiana Circuit and Superior Courts. 5(b)(3)(c) 3.1(A) Pleading Complaint Pleading Complaint Received Indiana Circuit and Superior Court, Hendricks County (INHEN) Updates Effective Text Removed: LR32-TR79-Rule 1(B) Order Granting Change of or Disqualifying Special Judge Noted in Chronological Case Summary MISSOURI Missouri Circuit Court (MOSCR) Updates Effective Updates also made in MO07CC. MOSA 90.19(e) (a) (b) (c) MOSA 90.07(c)(1)-(2) MOSA 90.07(c) MOSA MOSA 90.12(a) MOSA 90.19(b) [Deadline changed from 3 Court Days to 5 Court Days] [Deadline changed from 3 Court Days to 5 Court Days] [Deadline changed from 15 Days to 20 Days] Page 8 of 13
9 Discovery--Answers to Interrogatories in Continuous Wage Garnishment Proceeding Served Execution Levied Final Remittance of Garnishee Hearing on Claim for Exemption for Execution Judgment Satisfied in Garnishment Proceeding Order Determining Additional Costs to Be Awarded to Garnishee Property Paid or Delivered in Garnishment Proceeding Return Date of Garnishment Statement of Judgment Balance in Case of Continuous Wage Garnishment or in Which Garnishor Elected to Make Direct Payments Filed Writ of Garnishment Issued NEVADA Nevada Rules of Civil Procedure (NVRCP) Updates Effective Changes made to all Nevada District Courts. 16.1(b)(1) Pleading Answer Filed Pleading Answer Served Pleading Answer Stating Crossclaim or Counterclaim Served NEW YORK USDC, Southern District of New York, Mag. Barbara Moses (NYBM) Updates Effective IP II(A) New York City Civil Court (NYCCCA) Not Based on Rules Update Deadline calculation corrected. Pleading Amended Answer Containing Crossclaim Served Page 9 of 13
10 New York Supreme Court, New York County, Hon. Geoffrey D. Wright (NYNYGW) Updates Effective RJ Wright Motions RJ Wright Conferences 14 NORTH CAROLINA USBC, Eastern District of North Carolina (NCEB) Updates Effective (b)(1) (b)(2) (a) Application for Attorneys Fees in Dismissed Unconfirmed Ch. 13 Case Served by Any Means Order of Dismissal of Unconfirmed Ch.13 Case Entered USBC, Middle District of North Carolina (NCMB) Not Based on Rules Update Minor modification to deadline calculation. Motion to Dismiss Pursuant to FRCP 12 Served OHIO Ohio Rules of Civil Procedure (OHRCP) Updates Effective Updates effective in all Ohio Courts of Common Pleas. 5(D) 10(D)(2)(b) 10(D)(2)(e) Page 10 of 13
11 Order Granting Additional Time to File Affidavit of Merit re Medical, Dental, Optometric, and Chiropractic Liability Claim Intended to Cure Defect Pleading Complaint Filed Ohio Court of Appeals, 5th District (OHCOA5) Updates Effective Relevant changes made in Court of Common Pleas, Stark County (OHSTC). Text Removed: 3(B)(4) 2(C)(7)(A) 2(D)(C) 3(B)(2) 2(C)(6)(A) 6(B) Motion for Leave to Withdraw as Counsel Filed Notice of Appeal Filed (Trial Court) PENNSYLVANIA USBC, Western District of Pennsylvania (PAWB) Not Based on Rules Update Changes made based on unique deadline calculation. Report of Operations in Ch. 13 Case Served triggers TEXAS USDC, Eastern District of Texas (EDTX) Not Based on Rules Update Event added based on client request. SO re Meet and Confer 2 Discovery Motion Set for Hearing in Case Assigned to Judge Gilstrap or Schroeder Page 11 of 13
12 VIRGINIA Virginia Circuit Court (VACC/VAFACC/VALDCC) Updates Effective Changes made in all VA Circuit Courts. Relevant changes made in Virginia Court of Appeals (VACOA) and Virginia Supreme Court (VASC) (B) [Deadline changed from 90 days to 120 days] [Deadline changed from 21 days to 30 days] (C) (D) (A) (E) (E)(3) Order Modifying Amount of Security Request for Disclosure of Policy Limits or Alleged Tortfeasor s Address in Motor Vehicle Accident Case Received by Insurer Trial Writ of Possession Issued WASHINGTON Washington Rules of Appellate Procedure (WARAP) Not Based on Rules Update Minor modification to deadline calculation. Notice for Discretionary Review (Superior Court) Served Notice of Appeal (Superior Court) Served Page 12 of 13
13 WISCONSIN Wisconsin Circuit Court, Dane County (WIDCC) and Waukesha County (WIWACC) Not Due to Update State statute regarding fax filing which differs from local rules added for context. WITR (2)(f) Pleading Complaint Filed Pleading Complaint Received Page 13 of 13
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