U.s. District Court New Local Rules of Practice: an Introduction
| Publication year | 1984 |
| Pages | 195 |
| Citation | Vol. 13 No. 2 Pg. 195 |
1984, February, Pg. 195. U.S. District Court New Local Rules of Practice: An Introduction
On December 1, 1983, the judges of the United States District Court for the District of Colorado adopted a new set of Local Rules governing the practices within the District of Colorado. These rules, promulgated pursuant to Rule 83 of the Federal Rules of Civil Procedure (F.R.C.P.), became effective on February 1, 1984.
The new Local Rules are intended to complement the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, as well as aspects of the practice of law unique to this district. Last updated several years ago, the new rules reflect changes that were necessary to better manage practice in the District of Colorado. In addition, the changes made were, in part, a response to the recent amendments to F.R.C.P. that became effective on August 1, 1983. Finally, a considerable effort was made to reorganize the rules into a format more readily accessible to those who must refer to them in their daily practice of law.
The new rules have as their objective the just, speedy and inexpensive determination of actions brought before the Court. Of course, expediency will never supplant fairness during every phase of federal court litigation. Nevertheless, a number of the changes to the Local Rules are in response to a recognized need for more control over cases in an effort to avoid delay and expense caused by certain pleading and discovery practices.
The recent modifications made to F.R.C.P. have a similar goal. Specifically, the changes to Rule 11(fn1) and 26(fn2) are designed to eliminate the use of discovery and pleading practices that cause unnecessary delays and expense or are utilized for purposes of harassment. The Local Rules have been modified to complement these changes in the federal rules. Local Rule 403(G) requires counsel to attempt to resolve discovery disputes before filing motions under F.R.C.P. Rules 26(c) and 37(a). Similarly, Local Rule 408 authorizes the court to strike or return briefs or other pleadings that are verbose, ungrammatical or unintelligible. Rule 408 represents one effort by the Court to reduce the time and expense associated with...
To continue reading
Request your trial