CIT Proposes Rule Updates to Reflect Changes to FRCP
The Court of International Trade on June 23 proposed amendments to various of its practice rules and forms following recommendations from the court's Advisory Committee on Rules.
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The most extensive proposed change covers Rule 87, which concerns "Civil Rules Emergency." The proposed change says the chief judge can declare a "Civil Rules emergency" if the court finds that "extraordinary circumstances relating to public health or safety, or affecting physical or electronic access to the court, substantially impair the court's ability to perform its functions in compliance with these rules."
Once an emergency has been declared, the court can "authorize service on a defendant" by a "method that is reasonably calculated to give notice." The court can also extend for up to 30 days the time to file motions renewing a motion for judgment after trial or alternative motions for a new trial, motions to amend or add findings, motions for rehearing and motions for relief from final judgment.
The proposed changes also say that if the court denies an extension for the time to appeal, "the time to file an appeal runs for all parties from the date the order denying the motion to extend is entered." If such an extension is granted, however, "a motion authorized by the court and filed within the extended period is, for purposes of Appellate Rule 4(a)(4)(A), filed 'within the time allowed by' the Federal Rules of Civil Procedure."
The advisory committee said this rule was amended to reflect the current version of the Federal Rules of Civil Procedure, though it was altered to reflect "minor differences" due to CIT's jurisdiction and rules.
The proposed rule changes also altered Rule 84 to amend the existing Rule 87, covering "Forms," into "new Rule 84" to allow for the Rule 87 covering civil rules emergencies.
In addition to the pair of rule changes, the Advisory Committee suggested changes to Forms 1, 1A, 1B, 2, 3, 4, 5, 6, 7, 7A, 8, 8A, 9, 10, 11, 12, 13, 14, 15, 17, 18, 18A, 19, 20, 21, 22, 23, 24, Form 1A Specific Instructions, Form 1B Specific Instructions and General Instructions to slightly tweak the information attorneys must submit on the court's forms.
The court said comments on the changes are to be submitted in writing to the court in New York City by the close of business on July 23.