Proposed Amendments Published for Public Comment - August 2022
The Judicial Conference Committee on Rules of Practice and Procedure has approved for publication for public comment proposed amendments to existing rules and forms, as well as one new rule. The proposals and supporting materials are posted on the Judiciary's website at: https://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment. The public comment period opens August 15, 2022, and closes February 16, 2023.
Modifications to Local Patent Rules 2.2 and 2.3 and Appendix A
Technical modifications were made to Local Patent Rule 2.2 (deletion of the last paragraph as unnecessary) and Local Patent Rule 2.3 (correction of enumeration of subparagraph (c)).
Appendix A (paragraph 7) was modified to conform with the language in Local Civil Rule Appendix L (paragraph 6) as it relates to protective orders.
Modifications to Local Bankruptcy Rules 2002-1, 3011-1 and 7067-1
Local Bankruptcy Rule 2002-1 - Notice to Creditors and Other Interested Parties - was changed to make it consistent with Rule 2002(h) of the Federal Rules of Bankruptcy Procedure that was amended December 1, 2020, to permit courts to direct all notices required by subdivision (a) of Rule 2002 be limited in chapter 12 and chapter 13 cases after the bar date for filing proofs of claims has passed, similar to the procedure already in effect for chapter 7 cases.
Local Bankruptcy Rule 3011-1 - Unclaimed Funds - was changed to require the use of Official Form 1340 and Exhibit A and that the payment of unclaimed funds will be made directly to the claimant only.
Local Bankruptcy Rule 7067-1 - Registry Fund - to be consistent with Rule 67 of the Federal Rules of Civil Procedure and Rule 7067 of the Federal Rules of Bankruptcy Procedure. The rule establishes that funds to be deposited with the Court in an interest-bearing account are invested in the Court Registry Investment System (CRIS).
Civil Cover Sheet / Appendix A
The Civil Cover Sheet has been updated to reflect the renaming of Nature of Suit "Property Rights" to "Intellectual Property Rights."
Modifications to Local Civil Rule 16.3.1 and Local Civil Rule 9.1
Local Civil Rule 16.3.1 and Local Civil Rule 9.1 have been amended to modernize and streamline the practices in Social Security disability cases:
- The changes to the service process of the complaint eliminate the need for certified mail service on the United States Attorney's Office, the Regional Social Security Administration Office of General Counsel, and the Attorney General. No summonses will issue. Rather, a Notice of Electronic Filing using the Case Management and Electronic Filing system will notify only the complainant, the appropriate Regional Social Security Administration Office of General Counsel and the United States Attorney’s Office of the case.
- When a new complaint is filed, the full Social Security number shall be provided in a written disclosure statement to the United States Attorney’s Office via electronic mail.
Amendments to the Rules of Civil Procedure and the Rules of Evidence - Effective December 1, 2020
At its September 2019 meeting, the Judicial Conference approved amendments to the Rules of Civil Procedure and the Rules of Evidence. The amendments were submitted to the Supreme Court for review on October 23, 2019 and are effective as of December 1, 2020.
Rule 30(b)(6) Notice of the Deposition; Other Formal Requirements. The amendment directs the serving party and the named organization to confer on the matters to be examined before or promptly after the notice or subpoena is served. The amendment also requires that a subpoena notify a nonparty organization of its duty to confer and to designate one or more witnesses to testify.
Rule 404(b) Crimes, Wrongs, or Other Acts. The amendment states that the prosecution must now include in the 404(b) notice: a non-propensity purpose for which the evidence is offered and the basis for concluding that the evidence is relevant in light of this purpose. The notice must be in writing. The notice must be provided before trial in such time as to allow the defendant a fair opportunity to meet the evidence, unless the court excuses that requirement upon a showing of good cause. The requirement that the defendant must make a request before notice is provided has been eliminated.
Civil Cover Sheet / Appendix A
The Civil Cover Sheet has been updated to include new nature of suit code 880 for civil cases related to the Defend Trade Secrets Act of 2016, effective October 1, 2020, approved by the Statistics Subcommittee and the Judicial Resources Committee.
Local Civil Rule 4.2
Local Civil Rule 4.2(c) has been revised to reflect that the answer day is 28 days, rather than 24 days, after ordinary mail service is sent by the clerk to achieve consistency with Ohio Rule of Civil Procedure 4.6.
Local Civil Rule 7.1 / Appendix H
Local Civil Rule 7.1 has been modified to remove reference to a historical order of the Court (Appendix H) that is no longer relevant.
Local Civil Rule 16.4(d)(3)
Local Civil Rule 16.4(d)(3) has been revised to require panelists to provide up to six hours of free service for each appointed case, which includes preparation time. The Court has also received approval from the Ohio Supreme Court to offer Continuing Legal Education (CLE) Credit for the pro bono services that Panelists provide. Panelists can receive one CLE credit for every six hours of free service provided, up to six CLE credits per biennial reporting period.
Local Civil Rule 83.1 / Local Criminal Rule 53.1
Local Civil Rule 83.1 and Local Criminal Rule 53.1 have been revised as follows:
- The title “Photography, Radio, and Television” has been changed to “Photography, Recording, and Broadcasting.”
- “General Provisions” has been changed to “General Prohibitions” and has been revised to include recording and broadcasting and to expand the types of devices used to include any electronic device.
- “Definitions” has been modified to include a simplified definition of “Federal Court facility.”
- “Enforcement” has been expanded to include judicial officers, United States Marshals deputies, court security officers and any other federal security force authorized by law. The steps of confiscation, dismissal, arrest and contempt of court have been added.
- Deletion of “Proceedings Other Than Judicial Proceedings.”
- The addition of subparagraphs (e) Relief from Confiscation of Device, and (f) Consent to Provisions.
Due to the extensive changes to these rules, a redline of the rules is not attached.
Local Civil Rules Appendix J
Local Civil Rules Appendix J was revised to reflect that: (1) upon a judicial officer's request, a case shall be referred to the Clerk’s Office Pro Bono Department for the appointment of legal counsel, and (2) volunteer attorneys are eligible to receive continuing legal education (CLE) credit through the Ohio Supreme Court.