CMCP Diversity Matters - January/February 2019

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THE 2018-2019 AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE: A Few Practical Changes That Close Procedural Gaps and Better Align Procedure with Practice BY: KAREN A. HENRY, COUNSEL AND DIANA PALACIOS, ASSOCIATE DAVIS WRIGHT TREMAINE LLP 26 | CMCP Diversity Matters
In addition to holiday cheer, this past December ushered in changes to the Federal Rules of Civil Procedure. These amendments went into effect December 1, 2018, and while they are not extensive, they are meaningful. Rule No. Summary of Amendments 5 Updated to mandate the use of e-filing and acceptance of e-service of documents filed by the court in all cases where the parties are represented by counsel. It also establishes a national rule on digital signatures. 23(e) Updated the class action notice, settlement, and objection requirements and procedures. 62 Updated to extend the automatic stay of enforcement following entry of judgment and to clarify that a bond is not the only form of security an appellant may post to obtain a stay pending resolution of an appeal. 65.1 Updated to recognize that forms of security, other than a bond, may be posted to obtain a stay pending resolution of an appeal. Below is a more detailed explanation of the amendments. FEDERAL RULE OF CIVIL PROCEDURE 5: The amendments to Rule 5 are intended to acknowledge electronic communications as a regular and ordinary form of communication by normalizing electronic service. Former Rule 5(b) allowed electronic service only with the written consent of the receiving party. This rule went into effect at a time when electronic communication was not as widespread or reliable as it is now. Recognizing the prevalence of electronic communications, Rule 5(b) was amended to provide that a person who registers to submit files to the court electronically using the federal court’s Case Management and Electronic Case Continued on next page... January/February 2019 | 27
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CMCP Diversity Matters - January/February 2019

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