Recent Proposed State/Federal Rules Changes as of October 2017

The federal district court has announced a few changes to the local rules, effective December 1, 2017. A number of these rule changes were announced in June, and the proposed changes were summarized on this website at that time. These changes affect attorney discipline, and prevent attorneys admitted only conditionally to the Maine bar, from admission to the federal bar.

A few changes regarding calculation of time were not published for comment. Attorneys should take note of these. First, a new Local Rule 6 was added to clarify that Federal Rule 6 governing computation of time, applies to calculation of any deadline imposed in the Local Rules. Additionally, Local Rule 7 and Local Criminal Rule 147, both governing motions and memoranda of law, were amended to provide an additional 3 days to act when the deadline to act is triggered by service by mail, leaving a filing with a clerk, or an alternative, agreed-upon means of service. (Note the amended Rules 7 and 147 do not explicitly grant the additional three days. Prior language stating that Federal Rule 6(d) did not apply, was removed.) As with Federal Rule 6, the addition of 3 days does not apply when a deadline to act is triggered by service by email, under Federal Rule 5(b)(2)(E).

Rule 26 was also amended to clarify that discovery should not be filed with the court.

A link to the announcement and synopsis of the rule changes, and the new rules effective December 1, 2017, is below.

http://www.med.uscourts.gov/local-rules

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