Revised Local Rules Become Effective December 1, 2009

The Western District adopted revised local rules, including some important revisions to CR 7, the rule governing motion practice.   These revisions take place December 1, 2009. 

Here is a summary of the changes to CR 7:

• CR 7(d)(1), the rule governing the consideration of motions and saying that certain motions shall be noted for consideration on the day they are filed, now expressly includes both motions for the clerk to enter default, and a motion for default judgment.
•  CR 7(d)(2), the rule setting briefing schedules for all other motions, gets rid of the so-called "seven-day" motions, and says that all motions not falling under 7(d)(1), shall be noted for a Friday, and that certain motions shall be noted for consideration "no earlier that the second Friday." Note that this list is dramatically reduced from the sort of motions that used to be considered on a seven day calendar.  The thought here was that there was simply not enough time for parties to oppose motions that were listed.  The motions that can be considered on a shorter schedule, albeit not as short as the old "seven-day" motions, include 

1. Motions for relief from a deadline;
2. Motions or protective orders;
3. Motions to seal under CR 5(g)

• Papers  in opposition to any such motion shall be due the Wednesday before the noting date.
• CR 7(d)(3) says that all other non dispositive motions shall be noted for consideration on the third Friday.
• CR 7(d)(4), a compeltely new rule, limits motions in limine to one per side, and eliminates reply.  This rule also includes a requirement for counsel to meet and confer in advance of filing the motion in limine, and that the motion include a certification that "the movant has in good faith
  conferred or attempted to confer with other affected parties in an effort to resolve which
  matters really are in dispute."  
• The new rule further provides that "A good faith effort to confer requires a face-to-face meeting
  or a telephone conference. If the court finds that counsel for any party, or a party
  proceeding pro se, willfully refuses to confer, fails to confer in good faith, or fails to
  respond on a timely basis to a request to confer, the court may take action as stated in GR
  3 of these rules."
• The page limit for Motions in Limine is expressly set at 18 by new rule 7(e)(5).  This is probably sufficient for most cases.  I would advise counsel to approach the Court with a stipulation to expand that page limit in special cases.
• CR 7(f)(1) motions to file overlength brief shall be filed "as soon as possible."  This eliminated the old rule requiring at least three judicial days before the underlying motion or brief is due.
• CR 7(h), motions for reconsideration, this rule was changed to allow fourteen days for the filig ot motions for reconsideration, expanded from 10.

That's all for CR 7, folks. There are other important changes to the rest of the rules, so be sure to read them yourself.