Cleveland Law Library Weblog

Comments Sought on Proposed Amendments to Federal Bankruptcy, Criminal and Evidence Rules

Public comments are being accepted until February 10, 2010 on proposed amendments to the Federal Rules of Bankrutpcy and Criminal Procedure, as well as proposed style revisions to the Federal Rules of Evidence. Some of the proposed bankruptcy rule changes would clarify what information is needed for a proof of claim and allow limited extensions of time to object to a debtor's discharge. Most, if not all of the proposed criminal rule changes reflect the use of greater technology to allow video conferences or the receipt of information and issuance of documents through electronic means. The proposed style revisions to the evidence rules will purportedly make them easier to read without changing their meaning. Click here to review the list of proposed changes.

Northern District of Ohio Federal Court Adopts Local Patent Rules

The United States District Court for the Northern District of Ohio has just adopted Local Patent Rules. These rules were the project of a Local Patent Committee and the Northern District of Ohio Advisory Group. The Rules contain an Appendix of 3 forms for a Stipulated Protective Order, a Report of the Parties' Planning Meeting in Patent Cases, and a Joint Claim Construction Table.

Federal Courts Enforcing Redaction of PIN Information

Attorneys who file electronic documents with federal district, bankruptcy and appellate courts will soon be seeing messages and reminders in the CM/ECF system to redact all personal identifying information before submitting any documents. The U.S. Courts' website just posted a news release indicating that the federal courts are going to try to a better job of protecting PIN information that would otherwise be accessible to the public through PACER. This policy conforms with rules on protecting litigants' privacy. See e.g., Rule 8.1 of the Local Rules of the United States District Court for the Northern District of Ohio. Click here for the Northern District Court's Advisory for Limiting Personal Information in Transcripts.

US Federal Courts Offer Podcasts on News and Federal Rulemaking

If you have not already heard, the U.S. Courts offer podcasts on news and federal rulemaking. Some of the latest news podcasts cover a jury phone scam and new sentences for crack cocaine. The rulemaking podcasts are recordings of meetings on proposed amendments to federal rules, including proposed changes to Federal Civil Rule 56.

Federal Courts Have Updated Many of Their Forms

According to a Third Branch Newsletter, the federal courts have updated many of their court forms. Although 56 total forms were revised, some of the most important changes were made to search and seizure warrant forms and the in forma pauperis application. All of the forms are available at the US Courts website.

City Loses Suit Alleging Nuisance by 16 Banks

Yesterday, the Plain Dealer reported that Akron federal District Court Judge Sara Lioi dismissed the City of Cleveland's lawsuit alleging nuisance against 16 banks in connection with the nation's "subprime lending and foreclosure crisis," which has disproportionately hit the greater Cleveland area. The docket and opinion dated 5/15/09 in the case can be found on PACER under Case No. 1:08-cv-00139SL. The docket also reflects that the City already appealed the Judge's decision to the 6th Circuit Court of Appeals.

Federal Statutes and Rules Will Soon Have Same Deadlines

A new law that will take effect later this year in December will make the time limits in various federal statutes co-extensive with deadlines in amendments that the United States Supreme Court already approved to the federal appellate, bankruptcy, civil, and criminal rules of procedure. Thanks to the Cincinnati Law Library Association blog for the tip on this post.

PACER Turns 20 Years Old

According to the Federal Court's Newsletter, PACER (Public Access to [federal] Court Electronic Records) just turned 20 years old. It began in September of 1988 when the Judicial Conference authorized an experimental program to permit electronic access to federal court records. I did not use it when it started as an electronic bulletin board with dial-in access, but I was there when the Party/Case Index was added and it merged to a web platform in the 1990's. Although only 9,000 people were using the system in 1994, the Newsletter indicates that over 900,00 are registered to access case information from federal district, bankruptcy and appellate courts today.

Federal Courts Post 2007 Case Facts and Figures

On August 20, 2008, the federal court system posted new "2007 Judicial Facts and Figures" containing case data in the U.S. Courts of Appeal, U.S. District Courts, and U.S. Bankruptcy Courts for the years 1990, 1995, 2000, and 2002-2007. The data shows the total number of judicial officers, the number of cases and appeals that were filed, the types of cases that were filed, and the length or duration of cases. The data is available in a single table or multiple, individual tables. As an example, the table showing cases filed by jurisdiction indicates that over 257,000 cases were filed in federal district courts.

Federal Courts Seeking Comments on Proposed New Rules

The Federal Courts are seeking comments on proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure. Advisory Committee reports are available for an inside look at the genesis for the changes, and the federal courts have even issued a special Memo to judges, lawyers and members of the public identifying the final date for comment submissions (February 17, 2009) and dates when hearings will be held on the proposed changes. Changes to the civil rules would affect Rules 26 and 56 pertaining to discovery of experts and the procedure for seeking summary judgment. A 2-page brochure on changes to the other sets of rules is available.