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PUBLIC
NOTICE
AMENDMENTS TO THE LOCAL RULES OF COURT
OF THE U.S. DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BECOME EFFECTIVE DECEMBER 1, 2010
The U.S. District Court for the Middle District of
Pennsylvania has adopted amendments to the Local Rules of Court,
effective December 1, 2010.
A copy of the amended Local Rules of Court may be obtained by
clicking here.
A redlined version of the amendments may be obtained by clicking
here.
Summary of Local Rule Amendments Effective
December 1, 2010:
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LR 7.4 Motions for Summary Judgment.
The amendment to Local Rule 7.4
makes it clear that briefing schedules under the Local Rules
apply to summary judgment motions.
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LR 7.6 Submission of Briefs Opposing
Motions. The amendment to
Local Rule 7.6 establishes a twenty one (21) day time frame for
submitting a brief in opposition to a Motion for Summary
Judgment.
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LR 7.10 Motions for Reconsideration.
The amendment to Local Rule 7.10
addresses a concern that the time computation rules changes
effective December 1, 2009 created a potential conflict between
F. R. Civ. P. 59(e) and Local Rule 7.10, in that, the deadlines
for filing under the two rules are no longer the same.
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LR 16.2 Court Conferences, Participants at.
The amendment to Local Rule 16.2
addresses a concern regarding the requirement under Local Rule
16.2 which requires that each case management conference be
attended by at least one attorney with "complete authority to
settle the case". This requirement presents a problem for the
government because, ultimately, any settlement will need to be
embodied in a formal Consent Decree approved and signed by the
Assistant Attorney General and lodged with the Court for public
comment. The revisions address this concern, simplifies the rule
and more closely aligns the rule with practice in the Middle
District.
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LR 67.1 Investment of Registry Funds Pending
Litigation. The amendments
serve two purposes: (1) reflect the court’s long standing local
practice of deferring registry investment mechanics to the
clerk, (2) address by rule, rather than individual investment
orders, Fed. R. Civ. P. 67(b) requirement that the court approve
the interest bearing instruments being used for investment.
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LR 83.8.2.2 Attorneys for the United States.
The amendment
eliminates the requirement for a Department of Justice attorney
to be a member of a U.S. District Court, but still provides a
requirement that the attorney be a member in good standing of
the bar of the highest court of any state, territory, or the
District of Columbia.
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LR 16.8.1 General Rule
and LR 83.5 Courthouse
and Courtroom Security. The
amendment to LR 16.8.1 and new rule LR 83.5 advises
practitioners and the public that court policies exist on the
respective subjects.
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