On Tuesday, September 19, 2017, the U.S. District Court for the District of Colorado released a redline of the proposed amendments to its local rules. The amendments will be effective December 1, 2017. Comments must be submitted by October 19, 2017, to LocalRule_Comments@cod.uscourts.gov or via U.S. Mail to the Clerk of the Court, United States District Court, Attn: Legal Officer, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado 80294. Comments should specify to which rule they refer.
A summary of the changes to the local rules is available here:
SECTION I – CIVIL RULES | ||
D.C.COLO.LCivR 7.1(b) and (d) | MOTIONS – (b) Exceptions to the Duty to Confer; (d) Motion, Response and Reply, Time for Serving and Filing; Length. | (b) Entry of appearance and motions to withdraw are excepted from the list of motions requiring conferral of the parties or counsel; and (d) summary judgment motions are excluded from special treatment |
D.C.COLO.LCivR 8.1 | IN FORMA PAUPERIS PARTY AND PRISONER PLEADINGS | Initial Review authorized for In Forma Pauperis filers, more closely following the statute; more specific instructions to pro se parties; former prisoners who bring “prison” actions now included. |
D.C.COLO.LCivR 15.1(b) | Amendment or Supplementation by Motion | Removes exception for prisoner litigants; supplements to pleadings added. |
D.C.COLO.LCivR 40.1(c) | Direct Assignment to Magistrate Judges | Adds another exception to direct assignment — cases where an order of referral has already been filed. |
SECTION II – Criminal Rules | ||
D.C.COLO.LCrR 47.1 | PUBLIC ACCESS TO CASES, DOCUMENTS, AND PROCEEDINGS | (a) Adds judicial authorization to broaden levels of restriction or be more specific regarding access; (f) restricts information about parties posting any bond; broadens language about possible restricted CJA filings. |
Section III – Local Patent Rules (No Changes) |
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SECTION IV – AP Rules (No Changes) |
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SECTION V – Attorney Rules | ||
D.C.COLO.LAttyR 5 | ENTRY AND WITHDRAWAL OF APPEARANCE AND MAINTENANCE OF CONTACT INFORMATION | (b) Provides more details as to counsel’s responsibilities for withdrawal from limited representation. |
D.C.COLO.LAttyR 6 | DISCIPLINARY PANEL AND COMMITTEE ON CONDUCT | Memorializes the selection criteria for Committee on Conduct membership. |
D.C.COLO.LAttyR 15 | CIVIL PRO BONO REPRESENTATION | (a) Updates Civil Pro Bono Program to allow appointment of both limited and general representation pro bono counsel; (e) Expands unrepresented parties’ eligibility to include potential for appointment of counsel during the initial review process; and acknowledges that appointment of counsel for defendants/respondents is authorized; and (f) Appointment procedure includes limited representation |