IDIOSYNCRASIES OF FEDERAL COURT PRACTICE
By: Jason B. Boudreaux
The methods and
practices used in civil litigation in both federal courts and state courts are
governed by rules of civil procedure.
Federal courts apply the Federal Rules of Civil Procedure ("FRCP”),
while Louisiana courts apply the Louisiana
Code of Civil Procedure and Texas
courts apply the Texas Rules of Civil Procedure. In addition, the methods and practices
utilized by legal counsel in connection with prosecuting and defending civil cases
in federal and state courts are governed by local rules of the presiding federal
or state court.
There are, of
course, similarities with respect to the procedural rules governing the methods
and practices employed by attorneys in both federal and state courts. However, some practical distinctions exist
that should be considered in connection with handling civil cases in the
federal courts located in Louisiana and Texas. The most notable of these distinctions particular
to federal court practice are highlighted in the sections that follow.
Filing; Service of
Process; and Case Management
All federal
district courts located in Louisiana and Texas make it mandatory
for all pleadings by attorneys to be filed electronically.
Original process may
be served by any non-party 18 years of age or older.
A defendant is
duty-bound to waive service of Complaint or risk costs and attorney fees, and
waiver increases delay for responding to 60 days (90 days for foreign
defendant).
Once the original
Complaint is filed, the court takes control of the management of the case, and
informal or voluntary extensions of deadlines between attorneys are not
recognized.
Failure to
prosecute a case could result in dismissal pursuant to FRCP Rule 41(b).
Disclosures and
Discovery
Pursuant to FRCP Rule 26(a)(1),
Initial Disclosures regarding federal witnesses, relevant documents,
calculation of damages and insurance coverage are core "initial"
discovery, which must be automatically provided near the beginning of a federal
lawsuit.
The deadline for exchanging
Initial Disclosures is usually set by the Scheduling Order, and no formal
discovery is allowed until after the FRCP 26(f) Conference is held.
No more than 25 Interrogatories
may be propounded without leave of Court.
No more than 10 depositions per
side are allowed without leave of Court.
Each deposition is limited to one
(1) day of seven (7) hours, unless the court determines additional time is
needed for a fair examination of the deponent or if the deponent or another
person or other circumstance impedes or delays the examination.
As an officer of the court, an
attorney can issue a subpoena, which may be served by a non-party 18 years of
age or older.
Motion
Practice
Oral Argument is
allowed only when ordered by the Court on its own or upon a party’s motion.
All other motions
are decided by the Court on the basis of the record, including timely filed
briefs and any supporting or opposing documents filed therewith.
Unless an actual
hearing is ordered, the hearing date in the Notice of Hearing is the date the
motion will be submitted to the Judge or Magistrate Judge and decided on the
record.
Magistrate Judge
A Magistrate Judge has
limited powers under 28 U.S.C. §631.
A Magistrate Judge
has statutory authority to hear and determine pretrial motions (except for
dispositive motions) and other matters, without special designation or the
parties’ consent.
With respect to
dispositive motions, the Magistrate Judge may (a) conduct hearings and (b)
submit proposed findings of fact and recommendations for disposition.
Without consent,
District Court can refer pretrial non-dispositive matters to a Magistrate Judge.
With the parties’
written consent, a Magistrate Judge may conduct all phases of a civil case
(including trial) and order entry of Judgment.
