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Local Rules - Proposed November changes take effect

December 16, 2014
News Category: 
News

Several amendments to The United States District Court for the Eastern District of Missouri’s local rules took effect yesterday. No public comments were received on the rules. The rules are effective immediately but are still subject to review and approval by the 8th Circuit Judicial Council. The rules located at http://www.moed.uscourts.gov/local-rules already reflect the changes to the rules. A summary of the changes to the rules is provided below.

Local Rule 2.09 and From MOED-0001, Disclosure of Organizational Interests

The proposed amendments expand the current disclosure requirements to include not only corporations but also limited liability corporations and partnerships. The amendments also clarify that these disclosures can be used not only to determine the necessity of recusal but also to determine proper jurisdiction. The form amendment reflects the changes to the rule.

Local Rule 6.01 to 6.05, Alternative Dispute Resolution (ADR)

The proposed amendments include some formatting changes throughout Local Rules 6.01 to 6.05, but the only substantive changes are in Local Rule 6.01 and 6.02. Local Rule 6.02 (B) clarifies who is authorized to attend and negotiate on behalf of government entities and insurers at ADR conferences. Local Rule 6.03 (B)(2) states that when parties seek to use a neutral who is not on the Court’s list of certified neutrals, they must file a motion for leave to designate that neutral and include the reason for the selection of the neutral in their motion.

Local Rule 12.01, Attorney Admission

There are two proposed amendments to Local Rule 12.01. Rule 12.01(C) states that, for good cause, the oath of admission may be administered via telephone, videoconference or other electronic means. Rule 12.01(E) changes the grace period for attorneys who fail to submit their renewal registration and fee within the initial sixty day re-enrollment period. Currently, attorneys are removed from the roll of attorneys and required to submit a full new application if they do not submit their renewal within six months after the expiration of the initial re-enrollment period. The proposed amendment would shorten this period from six months to three months.

Local Rule 13.04, Deposit of Funds with the Court

The proposed amendments to Local Rule 13.04 affect both deposits and disbursements of funds with the Court. Rule 13.04 (C) states that funds deposited with the Court will, unless otherwise ordered, be deposited in Government Account Series securities with the United States Treasury. Rule 13.04(D) specifies that the orders and processes for disbursements from the registry of the Court will include the proper use of I.R.S. forms W-9 and 1099-INT.

If you have questions or comments please contact Greg Linhares, Clerk of Court, at greg_linhares@moed.uscourts.gov or (314)244-7890.