Posted: March 15, 2020

Judges DeArcy Hall, Kovner, and Kuntz Update Their Individual Rules (Description of Changes Below)

Posted by Solomon N. Klein, Litigation Partner

Judges DeArcy Hall, Kovner, and Kuntz have each updated their Individual Rules.  As a service to practitioners that are already familiar with the Judges’ rules, below are the changes of note and links to the new rules.

Judge Kovner’s updated Individual Rules adds that “[i]n appropriate cases, the Court may exercise its discretion to construe the pre-motion letter . . . as the motion itself.”  (Rule IV.A.5.)

Practice Note: Counsel with cases before Judge Kovner should take note of this change.  While pre-motion letter requirements are now very common, most judges and practitioners treat the purpose of the letter as a general preview of the motion and as a case management tool (to discourage motions likely to fail and get counsel to focus their motions on the relevant issues).  However, when drafting pre-motion letters to judges that are willing to consider pre-motion letters as the motion itself, counsel should consider investing in more robust letters — especially if one of the parties has a particularly strong or weak position.  The pre-motion letter might be your final word on the subject.

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Judge Kuntz’s updated Individual Rules adds “motions to remand to State Court” to the list of motions that do not require a pre-motion conference letter.  (Rule III.B.2.)

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Judge DeArcy Hall’s updated Individual Rules are not substantive (staff change and reiterating courtesy copy requirements).

Posted by Solomon N. Klein, Litigation Partner

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