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PUBLIC NOTICE - PROPOSED AMENDMENTS TO LOCAL RULES

The United States District Court for the District of Minnesota is issuing for public comment proposed amendments to the Court’s Local Rules. A summary of the proposed amendments is provided below. To see the proposed amendments in redline and final form, please visit the Court’s website at http://www.mnd.uscourts.gov.

A. Local Rules Containing Proposed Orders Language

The proposed amendments to LR 7.1, 49.1, 67.1, and 67.2 would change how proposed orders are submitted to the Court. Currently, proposed orders are submitted to the Court via email, requiring the party to separately serve the proposed order to all other parties. The amendments would have all proposed orders filed in ECF, which would allow such orders to be served electronically on all parties who have ECF filing privileges.

B. LR 67.1, LR 67.2, new Registry Deposit Information Form, and Withdrawal Payee Information Form

The proposed amendments to LR 67.1, Depositing Money in the Court Registry, implements changes in how the Court’s registry fund is administered. As part of these changes, parties must now file a new Registry Deposit Information form with their motions to deposit money. The Registry Deposit Information form collects information so that all interpleader funds, deposited under 28 U.S.C. § 1335, are properly identified. Interpleader funds meet the IRS definition of a “disputed ownership fund,” and are considered a taxable entity that requires tax administration. The rule has also been restyled.

The proposed amendments to LR 67.2, Withdrawing Money from the Court Registry, require the Withdrawal Payee Information form to be filed under seal electronically. Currently, the form must be filed conventionally. The proposed amendments also correct a clerical error in former subsection (b)(4). The rule and the corresponding Withdrawal Payee Information form have also been restyled.

C. Abrogate LR 83.2, Free Press Fair Trial Provisions

The proposed amendments abrogate LR 83.2 because it is inconsistent with the Minnesota Rules of Professional Conduct, which have been adopted by the Court in LR 83.6(a). The language in subsection (e) concerning photography and recording equipment will be replaced with the court’s electronic devices policy, which will be made available on the Court’s website.

D. Abrogate all Local Rule Forms (LR Forms 1-6)

The proposed amendments abrogate all Local Rule forms in order to remove them from the Court’s Local Rules. All forms referenced within the Local Rules will remain available on the Court’s website.

E. LR 26.1, Conferences of the Parties Under Fed. R. Civ. P. 26(f); Report; Protective Orders (technical conforming amendments)

The proposed amendments include making technical conforming amendments to LR 26.1 to eliminate references to abrogated LR Forms and instead refer to the forms by name.

F. Revised Stipulation for Protective Order Form

The Federal Practice Committee is also seeking public comment on a revised Stipulation for Protective Order Form. The new form streamlines the concepts currently contained in LR Forms 5 and 6 and includes language that is consistent with new LR 5.6, Filing Documents Under Seal in Civil Cases.

The Court’s Federal Practice Committee, chaired by Doug Peterson, recommended that public comment be solicited on these proposed amendments. The proposed amendments are posted by the Court for public review and comment through March

22, 2017.

Comments should be provided in writing to the Clerk of Court at the address above, or by e-mail to MnFedRules@mnd.uscourts.gov. The Court will consider adoption of the proposed amendments after reviewing any comments or suggestions submitted on or before March 22, 2017. Please note that all public comments received by the Court will be made available to the public.

 

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