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New planning report form now in use in Northern District

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FedBarMaley-sigEffective Aug. 14, the Northern District of Indiana has a new form for the “Report of Parties’ Planning Meeting” that is required to be submitted after the parties’ Rule 26(f) planning conference. This new form is to be used going forward.

The new and improved form is the result of work by the magistrate judges and the Local Rules Advisory Committee, with the goal of making the form simpler, consistent with federal and local rules, and reflective of current practices.

As an example of recognizing the realities of modern practice, the form starts off with this statement acknowledging that often times these schedules are worked out among counsel by email, “The parties [held a planning meeting] [conferred via electronic mail] under Fed. R. Civ. P. 26(f) and agreed to this report on __________.”

The new form will be simple and easy for practitioners to use. It is available in Word and Wordperfect format on the court’s website.

Federal rule amendments take effect Dec. 1

This term the Supreme Court of the United States approved amendments to various federal rules. Barring action by Congress blocking the amendments (extraordinarily unlikely), the amendments take effect to cases commenced on or after Dec. 1, and to cases pending as of that date “to the extent just and practicable.”

The key change affecting federal civil practitioners will be a significantly revised Rule 45 on subpoenas. More detailed guidance on the new rule will follow later this year, but the key changes are: (a) the notice requirement to opposing counsel on subpoenas is more prominent; (b) the amendment clarifies that the 100-mile rule indeed applies; (c) the new rule allows transfer of subpoena issues to the court where the matter is pending upon the consent of the person receiving the subpoena, or for extraordinary circumstances; and (d) issuing subpoenas will now show only the caption from the court where the action pends, even if the subpoena is going out of district.

Proposed future rule amendments open for public comment through Feb. 15

The Judicial Conference Advisory Committee on Civil Rules has issued proposed amendments to Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55 and 84. The proposals with commentary are available at www.uscourts.gov in the “Rulemaking” section. Most of the proposals stem from discussions and ideas at the so-called 2010 Duke Conference where three main themes were repeatedly stressed: (a) proportionality in discovery; (b) cooperation among lawyers; and (c) early and active judicial case management.

For instance, Rule 4(m)’s 120-day service period would be reduced to 60 days. Rule 26 would be amended to allow early document requests prior to the 26(f) conference. Rule 26 would also be amended to limit the scope of discovery so that it must be proportional to the needs of the case considering the amount in controversy, the importance of the issues at stake in the action, the parties’ resources, the importance of the discovery in resolving the issues and whether the burden or expense of the proposed discovery outweighs its likely benefit. Also, the presumptive limit on number of depositions would be five rather than 10, and the time limit reduced from seven hours to six hours.

Practitioners are encouraged to review the proposals and provide comment to the advisory committee.

Save the date – The annual Federal Civil Practice 3-hour CLE seminar will be Thursday, Dec. 19, from 1:30 – 4:45 p.m. in Indianapolis.

Golf with other attorneys – The 5th Annual Joseph Maley Foundation golf outing is set for Sept. 20 at Eagle Creek Golf Club in Indianapolis. This event is well attended by area attorneys. To register or sponsor, visit www.josephmaley.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.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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