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Federal Bar Update: Southern District of Indiana adopts rule amendments

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Federal Bar UpdateAs noted in the prior column, as in the Northern District of Indiana, the Southern District has amended several Local Rules. These were approved in late December and took effect Jan. 1. Amendments were made to Local Rules 5-3, 5-5, 6-1, 7-1, 16-1, 80-2, 83-5, 83-6, 83-7, and Local Criminal Rule 49.1 regarding electronic filing. The full text of the amended rules is on the court’s website, with the key changes summarized below.

Local Rule 6-1(b) addresses automatic extensions of time, and is cleaned up and simplified to now read as follows:

(b) Automatic Initial Extension. The deadline for filing a response to a pleading or to any written request for discovery or admissions will automatically be extended upon filing a notice of the extension with the court that states:

(1) the deadline has not been previously extended;

(2) the extension is for 28 or fewer days;

(3) the extension does not interfere with the Case Management Plan, scheduled hearings, or other case deadlines;

(4) the original deadline and extended deadline;

(5) that all opposing counsel the filing attorney could reach agreed to the extension; or that the filing attorney could not reach any opposing counsel, and providing the dates, times and manner of all attempts to reach opposing counsel.

(c) Pro Se Parties. The automatic initial extension does not apply to pro se parties.

Because these notices are frequently used, practitioners should note this new format and ensure staff uses the proper form going forward.

Local Rule 7-1(a) is amended as follows, with the last sentence being a new addition to clarify that motions are not to be contained within briefs:

(a) Motions Must Be Filed Separately. Motions must be filed separately, but alternative motions may be filed in a single paper if each is named in the title. A motion must not be contained within a brief, response, or reply to a previously filed motion, unless ordered by the court.

Local Rule 56.1 is amended to make it clearer that objections as to admissibility at summary judgment are to be raised in briefs, not by separate motions:

(i) Collateral Motions. The court disfavors collateral motions — such as motions to strike — in the summary judgment process. Parties should address disputes over the admissibility or effect of evidence in their briefs. Any dispute over the admissibility or effect of evidence must be raised through an objection within a party’s brief.

Local Rules 83-5 and 83-6 address pro hac vice admission. These are substantially rewritten (indeed 83-6 is a new rule separately addressing pro hac vice admissions). Anyone moving for another’s pro hac vice admission needs to read and understand the new rule. The key change is a broadening of the disclosure requirements as to any disciplinary history.

Save The Date – The 7th Circuit Judicial Conference will be held May 5-7 in Indianapolis. For details, go to www.7thcircuitbar.org.•

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John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg, LLP, practicing federal and state litigation, employment matters and appeals. The opinions expressed are those of the author.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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