PUBLIC NOTICE of Proposed Amendments to the Local Rules of Court

Monday, June 30, 2014
PUBLIC NOTICE
 
OF PROPOSED AMENDMENTS TO THE LOCAL RULES OF COURT
OF THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO BECOME EFFECTIVE DECEMBER 1, 2014
 
PUBLIC COMMENT PERIOD ENDS August 22, 2014
 
The U.S. District Court for the Middle District of Pennsylvania is proposing to amend the Local Rules of Court as provisionally approved by the Board of Judges. Pursuant to 28 U.S.C. § 2071 and in accordance with Fed. R Civ. P. 83 (a)(1), the Court hereby offers public notice of the proposed new local rule and seeks public comment.  The new Local Rule will become effective December 1, 2014.
 
Comments must be submitted in writing to the Clerk of Court, Maria E. Elkins, William J. Nealon Federal Building and U.S. Courthouse, 235 North Washington Ave. P.O. Box 1148,  Scranton, PA 18501-1148 by August 22, 2014.
 
A redlined version of the proposed amendments to the Local Rules of Court may be obtained by clicking here.
 
The local rules affected by the proposed amendments are listed below:
 
1. LR 67.1  Investment of Registry Funds Pending Litigation.  The proposed amendment moves the general provisions of Standing Order 14-1 to the Local Rules.  Local Rule 67.1 addresses the role of the Clerk as a financial fiduciary for parties who wish to deposit funds with the registry of the court pending litigation. Prior to Standing Order 14-1, the court’s practice in this regard involved the placement of these funds in an ad hoc fashion with local financial institutions.  In order to avoid risks associated with this practice, and ensure that the clerk, as financial fiduciary, acts in the most fiscally prudent fashion, the revised Local Rule 67.1 would instruct the clerk to invest funds deposited pursuant to Fed. R. Civ. P. 67 with the Court Registry Investment System (CRIS), a fund established by statute within the United States Treasury, administered by the Administrative Office of the United States Court, and backed by the full faith and credit of the United States government.
 
2. LR 83.8  Admission to Practice.  The proposed amendment brings the local rules into compliance with new Federal Rule of Civil Procedure 45(f), effective December 1, 2013.  FRCP 45(f) provides that if the attorney for a person subject to a subpoena is authorized to practice in the court where the motion was made, the attorney may file papers and appear on the motion as an officer of the issuing court.
 
 
3. LR 83.8.2.5  Procedure.  The proposed amendment to Local Rule 83.2.5 provides clarification regarding this court’s waiver of Special Admission Fees for certain types of Special Admissions.
 
4. LR 83.26.3  Petitions for Reinstatement.  The proposed amendment to Local Rule 83.26.3 provides authority to this court to deny a petition for reinstatement where the attorney seeking reinstatement does not meet the requirements for admission set forth in Local Rule 83.8.12.  Additionally, the proposed amendment provides authority to this court to hold a petition for reinstatement in abeyance where this court has imposed discipline or otherwise taken adverse action identical to that imposed or taken by a state court or authority, until a petition for reinstatement to practice in the state court has been filed and finally decided, unless otherwise ordered by this court.