Proposed Amendment to Local Rules - Comments Requested by July 12, 2019.

Posting Date: 
Friday, June 28, 2019
Amendments to two local rules of practice have been proposed, and comments from the bar and public are due on July 12, 2019.
After reviewing the court's local rules for consistency with the current federal rules, the court has determined that local civil rule CVLR 77 requires modification.  The federal rules now consider registration for electronic filing as constituting consent to service by electronic means using the transmission facilities of the court and a party may consent to electronic service by other means.  In addition, the court has retitled its administrative procedures for electronic filing, and intends to modify local criminal rule CRLR 49 to reflect this change.

The proposed clarifying changes are in blue and red.

Comments from the public and bar pursuant to 28 USC § 2071 are requested by July 12, 2019 and may be sent to

Proposed Amendments

CVLR 77 Clerk’s Authority.
(b) Notice of Court Orders and Judgments. Immediately upon the entry of an order or judgment in an action within the Electronic Filing System, the Clerk of Court will transmit to filing users a Notice of Electronic Filing (“NEF”). Electronic transmission of the NEF constitutes the Notice required by Fed. R. Civ. P. 77(d). The Clerk of Court must give notice in paper form to a person who has not registered for electronic filing and has not consented to electronic service by other means. in accordance with the Federal Rule of Civil Procedure.

CRLR 49  Serving and Filing Papers.

The serving and filing of papers in all criminal proceedings shall comply with the Administrative Procedures for the Electronic Filing, Signing, Verifying, and Servicing of Civil, and Criminal, and Bankruptcy Documents adopted by this court and on file with the Clerk, to the extent that said administrative procedures are not otherwise inconsistent with these rules and the Federal Rules of Criminal Procedure or other federal law.