Amy Bauer
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Amy Bauer Posted on : Insider Community

E-Filing, Class Actions and Stays, OH MY! Changes coming December 1


To help you prepare for the upcoming civil and appellate rules changes, we are sharing some highlights from the upcoming Release 200 of Moore's Federal Practice.

Rule 5 amendments:

Chapter 5, Serving and Filing Pleadings and Other Papers, has been substantially revised and restructured to address the amendments to Rule 5 effective Dec. 1, 2018. The highlights of those amendments are:

  • Adoption of a nationwide requirement for represented parties to e-file all documents after the complaint, unless exempted for good cause or by local rule (§ 5.31);
  • Confirmation that a party or attorney who registers to use the court’s e-filing system also consents to service through that system, so no separate written consent is required (§ 5.04[2][c]);
  • Adoption of the rule that e-filing itself constitutes service on all other registered users, so no separate service by any other method is required (§ 5.04[2][c]); and
  • Elimination of the certificate of service requirement for e-filed documents, because the court’s own records establish service (§ 5.20).

Class Actions:

Chapter 23, Class Actions, is revised to incorporate amendments to Rule 23, effective December 1, 2018. The amendments mainly address issues related to settlements in class actions, and include:

  • A new requirement that the court order notice of a proposed settlement only after determining that the court is likely to both approve the proposal and certify the class for settlement purposes;
  • A new provision setting out the factors a court must consider in determining whether to approve a proposed settlement;
  • Elimination of the requirement that an objection to a proposed settlement be withdrawn only with the court’s approval;
  • Substitution of a new provision requiring court approval when an objector receives any consideration in connection with foregoing or withdrawing an objection or appeal.

Rule 23 is also amended to allow 45 days (rather than 15) to file a petition for permission to appeal under Rule 23(f) when any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States’ behalf.

Staying Enforcement of Judgment:

Federal Rule of Civil Procedure 62 has been amended to extend the automatic stay of enforcement of a judgment from 14 days to 30 days. The amended rule also authorizes a party seeking a stay to post security in a form other than a bond. Conforming amendments have been made to Civil Rule 65.1 and Appellate Rules 8, 11, and 39. See Ch. 62, Stay of Proceedings to Enforce a Judgment; Ch. 65.1, Proceedings Against a Security Provider; Ch. 308, Stay or Injunction Pending Appeal; Ch. 311, Forwarding the Record; Ch. 339, Costs.

Other chapters throughout Moore’s Federal Practice have also been updated in this release as appropriate to reflect the amendments. Release 200 will reflect the coverage of these important changes in the very same month the changes take effect.

Earlier this year Chief Justice Roberts issued an opinion in Hall vs. Hall (138 S. Ct. 1118) in which he identified Moore's Federal Practice as a “leading treatise.” Since 1937 Moore’s Federal Practice has helped keep subscribers current on statutory and legislative changes, along with case law, in a timely manner. And with over 50,000 court citations, you can count on its authoritative analysis.

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Amy Bauer
Post Controls
Amy Bauer Posted on : Insider Community

Honors for Moore’s Board Member Daniel Coquillette

Professor Daniel Coquillette, a member of the Moore’s Federal Practice Board of Editors, has been honored at a dinner at the United States Supreme Court for his 34 years as Reporter to the Standing Committee on Rules of the Judicial Conference of the United States. Professor Coquillette has also received an award from the U.S. Department of Justice for “outstanding service and commitment to the administration of justice.” Going forward, Professor Coquillette will continue to serve on the Standing Committee, as Senior Advisor.