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 3.1 / Local Criminal Rule 57.9
Local Civil Rule 3.1 and Local Criminal Rule 57.9 have been revised to achieve consistency in the assignment of related cases.
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.
Local Civil Rules 67.1 and 67.2
Local Civil Rules 67.1 and 67.2 were revised to reflect updated procedures for funds deposited into and disbursement from the Court Registry Investment System and Disputed Ownership Fund. All proposed orders for deposit and disbursement are to be reviewed by the Finance Department for policy compliance prior to judicial review.
Notice of Amendments to the Federal Rules of Practice and Procedure Effective December 1, 2017
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy and Civil Procedure, and the Federal Rules of Evidence adopted by the Supreme Court and transmitted to Congress on April 27, 2017. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, amendments to the following rules take effect December 1, 2017:
The text of the new and amended rules and accompanying committee notes—along with extensive supporting documentation related to their adoption—are posted on the “Current Rules” page of the Judiciary’s website at: http://www.uscourts.gov/rules-policies/current-rules-practice-procedure.
In addition, the new and amended official bankruptcy forms are effective December 1, 2017. As approved by the Judicial Conference, the forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The amended forms are posted on the website at: http://www.uscourts.gov/forms/bankruptcy-forms.
Federal Rules of Civil Procedure
Rule 4. Summons
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(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).
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This is a technical amendment that integrates the intended effect of the amendments adopted in 2015 and 2016.
Modifications to Local Criminal Rule 6.1(b), Local Civil Rule 3.10 and Local Criminal Rule 57.17, and Local Criminal Rule 32.2
Modifications were made to Local Criminal Rule 6.1(b) regarding Grand Jury Practice, Local Civil Rule 3.10 and Local Criminal Rule 57.17 regarding the Miscellaneous Docket, and Local Criminal Rule 32.2 regarding Time Limits on PSRs and Sentencing Memoranda.
Local Criminal Rule 6.1(b) was modified to address the supervision of the Grand Jury, which will be performed by the judge who does the impanelment (either the Chief Judge or his/her designate) rather than by the miscellaneous judge. The changes to Local Civil Rule 3.10 and and Local Criminal Rule 57.17 address the elimination of the supervision of the Grand Jury by the miscellaneous judge. The primary changes to Local Criminal Rule 32.2 increased from 70 days to 98 days (fourteen (14) weeks) for the scheduling of the sentencing date from the date of plea or conviction and established a deadline (no later than 3 days in advance of sentencing) for filing responses to the positions to sentencing factors. The Probation Department needs more time for PSRs, and the Court was frequently faced with last-minute objections after the final PSR was issued. Additional changes were modifying references from days to weeks.
Modifications to Local Criminal Rule 6.1(b)
LCrR 6.1(b) - Redline
Modifications to Local Civil Rule 3.10
LR 3.10 - Redline
Modifications to Local Criminal Rule 57.17
LCrR 57.17 - Redline
Modifications to Local Criminal Rule 32.2
LCrR 32.2 - Redline