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Notable Differences Between the Rules of Civil Procedure in Idaho\'s State and Federal Courts
 

Notable Differences Between the Rules of Civil Procedure in Idaho\'s State and Federal Courts

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Discussing the most common differences in the rules of civil litigation practice between Idaho\'s state and federal court systems. ...

Discussing the most common differences in the rules of civil litigation practice between Idaho\'s state and federal court systems.
CORRECTION: The citation on the last slide should read:
Elizabeth Herbst Schierman & Katie Ball, Civil Procedure in Idaho: An Examination of Some Differences Between the Rules of Procedure of
The Idaho State and Federal Courts, Idaho L. Rev. 46 (2009)

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    Notable Differences Between the Rules of Civil Procedure in Idaho\'s State and Federal Courts Notable Differences Between the Rules of Civil Procedure in Idaho\'s State and Federal Courts Presentation Transcript

    • Notable Differences Between the Rules of Civil Procedure in Idaho’s State and Federal Courts
      CLE Presentation Sponsored by ISB Young Lawyers Section
      January 27, 2010
      Elizabeth Herbst Schierman Mindy Willman
      Patent Attorney Law Clerk
      Dykas, Shaver & Nipper, LLP Fourth Judicial District, Idaho
    • Areas of Significant Difference
      Complaints and Service
      Answers
      Discovery
      Pre-Discovery Procedures
      Expert Discovery
      Motion Practice
      Briefing and Hearings
      Deadlines Calculations
      Jury Trials
    • Background – Jurisdictions/Divisions
      Judicial Districts:
      State: 7 Judicial Districts
      Federal: 1 Judicial District
      4 Divisions: Northern, Central, Southern, Eastern
    • Background – Judges
      State: 43 district court judges 86 magistrate judges 44 judges on senior status TOTAL = 173 judges
      Federal: 2 district court judges 2 magistrate court judges 2 judges on recall statusTOTAL = 6 judges
    • Background – Number of Filings
      Number of Civil Case Filings (2008)
      State: 9,537
      Federal: 555
    • Governing Rules
      State:
      IRCP
      District Local Rules
      Federal:
      FRCP
      District Local Rules
      ECF Procedures
      Procedural Policies of Each Judge
    • Filing Documents
      State:
      Physical presentment – during normal working hours
      Facsimile – during normal working hours when
      No Filing fee
      10 Pages or Fewer
      Courtesy Copies
      Federal:
      Electrical Filing via CM/ECF – until midnight MT Time
      Electronic filing requirement does not apply to pro se litigants
      No Courtesy Copies
    • Initiation of Action
      Magistrate Court/Magistrate Judges:
      State:
      Magistrate Court Judges – limited to certain types of proceedings
      Federal:
      Magistrate Court Judges – jurisdiction in certain matters, but may conduct all proceedings with consent
    • Initiation of Action - Complaint
      State:
      Filing fee: $88.00
      Summons Returned Personally or by Facsimile
      No Civil Cover Sheet
      Federal:
      Filing fee: $350.00
      Summons Returned by Email to Filing Attorney
      Civil Cover Sheet Required
    • Initiation of Action - Service
      State:
      Service Deadline = 6 months
      Avoiding Service: Defendant can waive service by
      Filing written acknowledgment of service or
      Filing Notice of Appearance
      Federal:
      Service Deadline = 120 days
      Avoiding Service:
      Plaintiff can request Defendant waive, 30 days to respond; or
      Defendant Answers w/o Raising 12(b)(4) or (5) defense
    • Answer
      State:
      Deadline = 20 days
      Filing Fee = $58.00
      12(b) Defenses = 8
      Includes grounds that another action is pending between same parties for same cause
      Federal:
      Deadline = 21 days
      (60-90 days in other circumstances)
      No Filing Fee
      12(b) Defenses = 7
      But see Principles of Comity and Abstention Doctrine
    • Discovery
      Discovery Conference:
      State: Not required
      Federal: Absolutely required – 26(f) Conference
      Must discuss discovery issues (including ESI), ADR, VCMC
      Cannot serve discovery requests before the 26(f) conference
      Initial Disclosures:
      State: Not required
      Federal: Absolutely required
    • Discovery
      Notice of Service (or Compliance)
      State:
      Required for certain documents
      Filed with the Court
      Federal:
      Required for certain documents
      Not filed with the Court
    • Discovery
      Depositions:
      State: No limit on number
      Federal: Limit of 10, no more than 1 per day or no more than 7 hours
      Interrogatories:
      State: Limit of 40 per party
      Federal: Limit of 25 per party
    • Discovery
      Expert Witness Disclosures:
      State: Not required absent court order, but information discoverable
      Federal: Required along with written report
      Motion to Compel Discovery:
      State: Required certificate of good faith attempt to confer
      Federal: Required certificate of good faith attempt to confer
    • Motion Practice
      Supporting Memoranda/Briefs:
      State
      Optional [4th District = required]
      Deadline = 14 days before hearing[4thDistrict = at time of filing motion]
      Mot. Summ. J. = 28 days before hearing
      Page Limit = None [4th District = 25 pages]
      Federal
      Required
      Deadline = At time of filing motion
      Page Limit = 20 pages
    • Motion Practice
      Opposing Memoranda/Briefs:
      State
      Optional [4th District = required]
      Deadline = 7 days before hearing
      Mot. Summ. J. = 14 days before hearing
      Page Limit = None [4th District = 25 pages]
      Federal
      Required, else consent to motion
      Deadline = 21 days
      Page Limit = 20 pages
    • Motion Practice
      Supporting Reply Memoranda/Briefs:
      State
      Optional
      Deadline = 2 days before hearing [4th District = 3 days]
      Mot. Summ. J. = 7 days before hearing
      Page Limit = None [4th District = 15 pages]
      Federal
      Optional
      Deadline = 14 days
      Page Limit = 10 pages
    • Motion Practice
      Summary Judgment Motions:
      State
      Deadline = 60 days before trial or within 7 days from order setting trial, whichever is later
      No Separate Statement of Facts
      Unique Briefing Schedule
      Federal
      Deadline = 30 days after close of discovery, but usually set in Scheduling Order
      Separate Statement of Facts Required, 10 pages or fewer
      No Unique Briefing Schedule
    • Motion Practice
      Affidavits, Declarations, & Other Documentary Evidence
      State
      Affidavits only (to be on safe side)
      Documentary Evidence attached to Affidavits, verified by personal knowledge
      4th District Requires Record Cites
      Federal
      Affidavits or Declarations
      Documentary Evidence attached to affidavits or delcarations, verified by personal knowledge
    • Motion Practice
      Courtesy Copies:
      State: Not required, but usually appreciated
      [4th District = required if paper filed within 7 days of hearing]
      Federal: Not required and not necessary
      Proposed Orders:
      State: Submit as separate document with copies for service on parties, addressed and stamped envelopes [4th District also requires certificates of service]
      Federal: Email as Word or WordPerfect attachment AAA_Orders@id.uscourts.gov
    • Motion Practice
      Hearings
      State: Generally expected
      Federal: Rare and only when presiding judge determines oral argument is appropriate
      Notice of Hearing
      State: Filed with motion, after calling the court clerk to obtain hearing date
      Federal: Filed by court deputy
    • Deadlines
      Last Day
      State: Moved if Sat., Sun., or Holiday
      Federal: Moved if Sat., Sun., Holidayor, if to be filed in paper form, court inaccessible
      Short Deadlines
      State: <7 days, exclude intermediate weekends and holidays
      Federal: Days are days (and hours are hours)
    • Deadlines
      Extra Days
      State: 3 extra days when service by mail
      Federal: 3 extra days when service by other than physical delivery, including mail and fax
      Ultimate Deadline
      State: 5:00 p.m. (close of court business)
      Federal: 11:59:59 p.m. Mountain Timeexcept non-electronic filings = 5:00 p.m. at court
    • Deadlines
      Extending Deadlines
      State:
      Before expiration: By stipulation or by order for cause shown
      After expiration: Only if failure to act was the result of excusable neglect
      Federal:
      Before expiration: For good cause
      After expiration: For good cause and only if party failed to act because of excusable neglect
    • Stipulations
      Approval:
      State: Generally treated as joint motion and are not binding on the court
      Federal: Generally must be approved by judge
      Discovery Process Stipulations:
      State: Generally permitted
      Federal: Generally permitted without court approval if no interference with discovery completion deadlines, motion hearings, or trial
    • ADR
      Available Types:
      State: Mediation, Arbitration, or (rarely) court-conducted settlement conference
      Federal: Mediation, Arbitration, or judicial settlement conference
      Director/Coordinator:
      State: Idaho Administrative Director
      Federal: ADR Coordinator
    • Jury Trials
      Number of Jurors
      State:
      District Court: 12, unless parties agree to fewer in open court
      Magistrate Court: 6 or fewer
      Federal:
      Not less than 6 or more than 12
    • Jury Trials
      Alternate Jurors
      State: May be called, but do not deliberate unless needed to replace excused juror
      Federal: Not available
    • Jury Trials – Voir Dire
      Submitting Questions
      State: Not submitted beforehand
      Federal: Submitted to court not fewer than 7 days before trial
      Opening Statements:
      State: Optional
      Federal: Not provided for
    • Jury Trials – Voir Dire
      Examination Procedure:
      State: Court examines first, then Plaintiff’s attorney, then Defendant’s attorney
      Federal: Court examines first, then – if court so allows and permits – as directed by the court
    • Jury Trials – Voir Dire
      Preemptory Challenges
      State: 4 per party, extra if additional jurors
      Federal: 3 per party
      Verdict
      State: 3/4ths majority
      Federal: Unanimous
    • Things to Keep in Mind
      No substitute for reading the rules yourself
      Rules can and will change
      Separate admission to federal court required
      “I accidentally applied the [federal/state] civil rule” may not be an excusable mistake
    • QUESTIONS????
      Elizabeth Herbst Schierman Mindy Willman
      Patent Attorney Law Clerk
      Dykas, Shaver & Nipper, LLP Fourth Judicial District, Idaho
      schierman@dykaslaw.commwillman@vandals.uidaho.edu
    • Katie Ball , Staff Attorney to Judge Ronald E. Bush, District of Idaho
      The Hon. Darla Williamson, Fourth District Court
      Dara Labrum , Banducci, Woodward, Schwartzman, PLLC
      Thank You To
      See Also:
      Elizabeth Herbst Schierman & Katie Ball, Civil Procedure in Idaho: An Examination of Some Differences Between the Rules of Procedure of
      The Idaho State and Federal Courts, Idaho L. Rev. 45 (2009)
      Elizabeth Herbst Schierman Mindy Willman
      Patent Attorney Law Clerk
      Dykas, Shaver & Nipper, LLP Fourth Judicial District, Idaho
      schierman@dykaslaw.commwillman@vandals.uidaho.edu