Articles

Maley: Third-party subpoenas: Advance service compliance

Federal practitioners regularly issue and respond to third-party subpoenas for documents. Expansive revisions to Rule 45 of the Federal Rules of Civil Procedure were made in 2013, but many subpoenas are still issued that do not comply. One of the most common issues is failing to serve parties with the third-party subpoena prior to (or even after) service on the third party.

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Maley: Article III threshold issues: Cases and controversies

Case or controversy limitations on judicial power have permeated U.S. judicial history and include standing, ripeness and mootness. Although these core concepts have been fundamental to and well developed in federal court jurisprudence, they continue to arise and evolve, with the Supreme Court taking up and issuing opinions on these case or controversy topics in recent years, and the district and appellate courts addressing these topics repeatedly.

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Maley: Federal practice resources and judge-specific procedures

Indiana’s federal courts, as well as the 7th Circuit Court of Appeals, provide substantial and important practice resources, guidance and forms on their websites. Practitioners should peruse the sites periodically, and in particular with each new case, to see the latest local rules, forms, and practice requirements before the assigned judges.

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Maley: Pro bono appointments are necessary obligation for justice

I’m still processing the news that this morning my court-appointed death-row client, Wesley Purkey, was executed. I was his pro bono counsel on three civil-rights/conditions of confinement claims in the Southern District of Indiana. So as I wrestle now — and hopefully for some time — with the legal and moral aspects of capital punishment that otherwise have been remote, it seems appropriate and timely to discuss the needs and opportunities for pro bono service in civil cases in our local federal courts. Both are robust.

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Maley: Tribute to Laura Briggs

With all the challenges facing bench, bar, and litigants in this difficult time, reflecting on something or someone good seems particularly appropriate for today’s column, rather than the usual nuance of jurisdiction and procedure. Laura Briggs is, by all means, someone good, indeed extraordinary. Most federal practitioners in the Southern District know this well, having benefited from Laura’s dedicated service as clerk since 1998.

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Maley: Contempt order shows electronic case filing e-notice risks

For years now, all federal courts have been using ECF electronic filing along with electronic service of filings and court orders. This system offers great convenience and efficiencies, but in today’s litigation practices, with the seemingly nonstop, never-ending inflow of email, the risks of missing a court order are increased. This proved painful in a recent 7th Circuit decision.

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Federal Bar Update: Be careful with summary judgment

As federal court practitioners know, in seeking summary judgment, the movant must set forth the facts favorably for the non-movant. In ­­­­­­­­­­­­­­­­­­­a recent ruling, Chief Judge Jane Magnus-Stinson issued a must-read 44-page opinion reinforcing the importance of this requirement.

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Federal Bar Update: The 3-business-day provision for seeking extensions of time

Effective Dec. 1, the Southern District of Indiana adopted various Local Rules amendments, specifically to Local Rules 5-2, 5-3 and 5-7 (electronic filing); Local Rule 6-1 (extensions of time); Local Rule 81-2 (removed actions), and; Local Rule 83-5 (admission). The amendments to Local Rule 6-1(a) are significant in that they impact the process of seeking extensions of time for filing deadlines.

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