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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe U.S. District Court for the Southern District of Indiana is seeking public comment on proposed changes to some of its local rules, including those involving Social Security appeals and state court records.
The court is accepting public comment until Oct. 12 on proposed changes to Local Rules 5-1, 5-6, 5-7, 5-12 and 81-2.
Proposed changes to Local Rule 5-1, 5-6, and 5-7 simply make a clarifying change from “.pdf” to “PDF” in references to formatting and filing.
An amendment to Local Rule 5-12 strikes sections (a) and (b) of that rule concerning the initial process of Social Security appeals and responses to complaints for administrative review of an agency determination about Social Security benefits, respectively.
In its place, the proposed amendment would insert a new section (a), titled “Applicability of Federal Rules.” The proposed changes state that effective Dec. 1 “the Federal Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) apply to such actions except to the extent the presiding judge finds application of the Federal Supplemental Rules would not be feasible or would work an injustice.”
The proposed amendment would also have the Federal Supplemental Rules control in the event of any inconsistency with the rules.
Also under Rule 5-12 is a revised section (b). Changes note that the court “finds it appropriate in all cases to revise the briefing times in the Federal Supplemental Rules” so that plaintiffs have 56 days from the date of the court’s scheduling order to file a brief in support of the complaint.
Defendants will have 56 days after service of the plaintiff’s brief to file a response, and the plaintiff will have 28 days after service of the response brief to file a reply. Motions for extension are disfavored absent compelling circumstances, the proposed amended rule says.
A footnote advises that effective Dec. 1, Local Rule 5-12 is revised to recognize and comport with the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g), added to the Federal Rules of Civil Procedure in 2022.
Proposed changes to Local Rule 81-2 include new language about attachment and verification of complete state court record. When removing an action from state court, the removing party must now also verify in the Notice of Removal that the attached State Court Record is complete as of the date of removal.
A new section (b) was added regarding objections by non-moving parties, who must file any objection to the completeness of the State Court Record and must supplement the record accordingly within seven days of service of a filing pursuant to section (a).
Additionally, a note to that rule states that effective Dec. 1, “this rule is amended to clarify the responsibilities of the parties with respect to submission of the state court record.”
Public comment can be submitted via email to [email protected] or via U.S. Mail to Roger A. G. Sharpe, Clerk of Court, United States District Court, Birch Bayh Federal Building and U.S. Courthouse, 46 E. Ohio St., Room 105, Indianapolis, 46204.
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