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Proposed Local Rules Change - Rule 7

Monday, November 14, 2016

Proposed Local Rules Amendment -- Local Rule 7

On December 1, 2016, amendments to Federal Rule of Civil Procedure 6 (d) and Federal Rule of Criminal Procedure 45 (c) are expected to become effective and will eliminate the three day period within which a party is to act when documents are served and received by electronic means.  In order to eliminate any discrepancy between our Local Rule 7 and the amended Federal Rules, it is proposed that Local Rule 7 be amended.

Local Rule 7(g)(3) will be amended as follows:

(3) Service to Registered Participants of CM/ECF. If the recipient of notice or service is a registered participant in the Court’s CM/ECF system, service by electronic means of the “Notice of Electronic Filing” with a hyperlink to the document shall be the equivalent of service of the pleadings or other paper by first class mail, postage prepaid constitute proper service.

Revised paragraph 7 (g)(3) Service to Registered Participants of CM/ECF accordingly will state:   
If the recipient of notice or service is a registered participant in the Court’s CM/ECF system, service by electronic means of the “Notice of Electronic Filing” with a hyperlink to the document shall constitute proper service.


Local Rule 7 (j) will be amended as follows:

Delete 7(j) in its entirety.  

Our LR 7(j) currently states:
Three-day Mailing Rule. The three-day mailing rule of the Federal Rules of Criminal Procedure 45  and Federal Rules of Civil Procedure 6(d) for service by mail also applies to service by electronic means."

Comments regarding these proposed amendments should be sent to:
public-comment@vawd.uscourts.gov by December 15, 2016.