Sunday, April 23, 2023

1st DCA rule changes

Three changes to the First District’s Local Rules were approved by the Court. They were published in Advance Pamphlet 10 on April 20, 2023, and will take effect on June 5, 2023. Local Rules 13 and 17 will as of that date be amended, and Local Rule 14 will be repealed. The amended and repealed rules can be found here.

New to LR 13(b) about oral argument is:  "An election to present oral argument must be made in writing and must contain the following information:  (1) the number and title of the case; (2) the name of the person who will present oral argument; (3) if that person is an attorney, the name of the party whom he or she is representing; and (4) whether the oral argument will be presented in person or remotely.  If a party wishes to change from in person to remote argument, or vice versa, he or she must promptly inform the divisional deputy clerk and the opposing parties."

New LR13(g) says: [Continuances]  Any party who wishes to continue oral argument to a later date must submit a request, in writing, that includes:  (1) an explanation as to why the request for continuance is being made; (2) confirmation that there was a meet and confer with all opposing parties (or an explanation why it was impracticable to meet and confer) in an attempt to select a mutually agreeable date and whether there is opposition to a continuance; and (3) a proposed new date no more than 45 days after the currently assigned date and that is on the list of already scheduled oral argument dates for the division in question.  If the proposed new date is more than 45 days after the currently assigned date, the request for continuance must set forth, in detail, why argument on an earlier date is not possible.  The court retains the discretion to deny any and all requests for a continuance. 

Repealed LR 14 was about oral argument by teleconference--obviously now obsolete!

LR 17 says that electronic devices (i.e., laptops and tablets, but not cellphones b/c they aren't permitted anyway) in the courtroom must be "placed in airplane mode."

Also an especially exciting new change from the Supreme Court was reported by At The Lectern: Supreme Court is Now Making Public the cases that will be discussed at its weekly conference!