New York Court News 7-9-2020

July 9, 2020

New York CourtsNew York Court News & Updates from American LegalNet

USCA 2nd Circuit:

June 22, 2020 – Court of Appeals to Resume Paper Copies Filing Requirement – On July 1, 2020, the Court of Appeals will resume requiring that parties file paper copies of briefs, appendices and documents that exceed 50 pages in length pursuant to the provisions of the Federal Rules of Appellate Procedure and the Court’s Local Rules.

Regarding briefs, appendices and documents longer than 50 pages that were, or will be, filed between March 26 and June 30, 2020, paper copies will be due no later than July 10, 2020, if the case is currently pending. Click here for Chief Judge Robert A. Katzmann’s order.

The Court’s practice, previously announced on March 26, 2020, regarding the filings of pro se papers, petitions for review and petitions for a writ seeking extraordinary relief, that cannot be filed in ECF will continue: Pro se papers may be emailed to prosecases@ca2.uscourts.gov. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov. A pro se litigant who has no access to email may send a paper by ordinary mail. Papers also may be deposited in the Court’s Night Box, located in the lobby of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. 

Sealed Documents. A party that wishes to file a sealed document and is unable to follow the usual paper protocol may contact the Clerk’s Office at 646.584.2696 and email the sealed document to Richard_Alcantara@ca2.uscourts.gov.

USCA Federal Circuit:(pdfs attached) 

NOTICE OF NEW FEDERAL CIRCUIT RULES, COURT FORMS AND GUIDES, TAXATION OF COST RATES, AND SCHEDULED ELECTRONIC FILING FOR UNREPRESENTED PARTIES

The July 1, 2020 amendments to the Federal Circuit Rules go into effect today.  The final version of the Federal Circuit Rules (July 1, 2020) is available on the court’s website and will apply to all cases filed or pending on or after July 1, 2020, to the extent practicable.  The court has also adopted changes to many of its official forms, which should be used, as required, for any filings made on or after July 1, 2020.  All updated and existing forms are located on the court’s website.

As part of the implementation of these amendments, the Clerk’s Office has issued updated versions of the Electronic Filing ProceduresGuide for Oral ArgumentGuide for Unrepresented Parties (formerly “Guide for Pro Se Appellants and Petitioners”), and additional content through the court’s website.  

Based on new provisions in the Rules, the Clerk of Court has also issued two notices.  The first notice sets the maximum rate of taxation of costs pursuant to Fed. Cir. R. 39(c); these rates are unchanged from those in effect before July 1, 2020, and update the available taxation items based on the current paper brief copy requirements under the Rules.  The second notice provides that electronic filing for unrepresented parties will be available beginning October 1, 2020; in the interim, the Clerk’s Office will continue to provide modified electronic filing and service procedures consistent with Administrative Order 20-01 (March 20, 2020). [July 1, 2020]

NOTICE OF MODIFICATIONS TO ACCESS RESTRICTIONS FOR THE NATIONAL COURTS BUILDING

The United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims have entered a joint order modifying their prior administrative orders of March 16, 2020, concerning access to the National Courts Building complex in Washington, D.C.   Effective June 29, 2020, noon (Eastern), building access will remain limited to court staff, however requests for access will be handled on a case-by-case basis when submitted in writing at least 24 hours ahead of time.  Requests for access relating to Federal Circuit business or spaces within the National Courts Building may be submitted in writing to the Clerk’s Office at chiefdeputyclerk@cafc.uscourts.gov.  These restrictions will remain in effect until August 14, 2020, unless modified sooner.  The full administrative order is available on the court’s website.

To review ongoing updates and information about the Federal Circuit’s response to the COVID-19 pandemic, please go to the court’s COVID-19 information page. [June 26, 2020]

New PACER Website Launching Sunday

The new PACER website will be launching, https://pacer.uscourts.gov, on Sunday June 28, 2020. The new website provides a wide range of resources and information about PACER and electronic public access services to the public, as well as easy access to PACER and PACER-related applications. The website was redesigned to take advantage of new technology and design practices.

New features include:

  • Mobile friendly design;
  • Tool to search for court-specific information, such as unique flag definitions;
  • JSON and XML feeds of court-specific information;
  • Optimized search engine to improve content findability;
  • Interactive format to search frequently asked questions; and
  • New accessibility tools.

In addition, the look and feel of the PACER applications—Manage My Account and Registration—have also been updated to reflect the updated design without changing the functionality to ensure a consistent experience. However, the National Login page and the PACER Case Locator were not updated, so any scripts you might have interfacing with these applications will not be impacted.     

Any questions or concerns can be directed to the PACER Service Center at pacer@psc.uscourts.gov or 1-800-676-6856. 

USDC, SDNY: 

7/6/20: Phase II of Phased Re-entry Plan announced. 

Checklist for Filing New Matters with a Sealing Application: 

Revised Judges Rules:

Amended Practices

July 6th, 2020

Hon. Stewart D. Aaron

Individual Practices

July 6th, 2020

Hon. Stewart D. Aaron

Emergency Individual Rules and Practices in Light of COVID-19

June 30th, 2020

Hon. Denise L. Cote

Emergency Individual Rules and Practices in Light of COVID-19

June 29th, 2020

Hon. Valerie E. Caproni

Law Clerk Hiring Information

June 26th, 2020

Hon. Lorna G. Schofield

Emergency Individual Rules and Practices in Light of COVID-19

USDC, EDNY:

Mon, 2020-06-15

Administrative Order 2020-20 – Further Continuance and Jury Trials and Exclusion of Time Under the Speedy Trial Act and Other Issues

Revised Judges Rules:

Individual Motion Practices and Rules of Judge Gary R. Brown  

Individual Motion Practices and Rules of Judge Joanna Seybert 

New York State Governor’s Executive Order:

NYS Governor issues Executive Order 202.48 on 7/6/20 continuing the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued and contained in Executive Order 202.27, 202.28, , and 202.38, for another thirty days through August 5, 2020, with notable exceptions.

NYS Courts:

July 7, 2020 – Press Release 
Grand Juries to Resume in NYC; NYC Courts Expand In-Person Proceedings   

June 30, 2020
Upstate Courts to Begin Phase 4 of Return to In-Person Operations  

June 25, 2020 – Press Release
Courts in 3rd, 9th and 10th Judicial Districts Enter Phase 3 of Return to In-Person Operations 

NY Appellate Division , Second Department:

Second Department Motions go Digital!

By Administrative Order issued on July 1, 2020, the Second Department has amended its local rules of practice to omit the requirement that papers in relation to motions and original proceedings be filed in both digital and hard copy format. Rather, all such papers “shall be submitted in digital format, shall comply with the technical requirements for electronically filed documents (22 NYCRR Part 1245, Appendix A), shall be served on all parties in digital format, and shall be filed by uploading through the digital portal located on the home page of the Court’s website with proof of service” (Admin Order 2020-0701). Hard copy submissions are only required when specifically requested by the Court. This amendment, by which subdivision (d) was added to section 670.4 of the Second Department’s Rules of Practice, applies to both NYSCEF matters and matters in which electronic filing via the NYSCEF system is not mandated. Exemptions are provided for exempt attorneys and exempt litigants as those terms are defined in the Electronic Filing Rules of the Appellate Division (22 NYCRR 1245.4), who must be served and must file in hard copy.

NY Supreme Court, New York County

Commercial Division Rule 23 Repealed: Long an unpopular rule with Judges and Managing Attorneys and Clerks in NY, the “60 Day Rule”, which permitted movants attorney to write to a Judge advising them if a fully submitted and/or argued motion had been pending for longer than 60 days, was repealed on 6/23/20. These letters we very unpopular with Judges and rarely advised to be used by Managing Attorneys and Managing Clerks.

Amendment to NY Commercial Division Rule 1:

Expanding Use of Remote Appearances and Video Conferencing.

NY Surrogates Court, Kings County E-Filing Protocol issued on 6/15/20:

 

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