A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: FRCP

PSA: It's Time to Update Your FRCP and FRE Rule PDFs

Andrew E. Russell, Feb. 5, 2025
FRCP Litigation

LOVERULES
Cam Bradford, Unsplash

I don't know if everyone does this, but I keep PDF copies of the Federal Rules of Civil Procedure and Federal Rules of Evidence synced to my laptop, phone, and tablet (I also sleep with a paper copy under my pillow, obviously, like every good federal court litigator).

If, like me, you have been eagerly awaiting the official updated rule PDFs with the 2024 rule amendments, you are in luck. They came out today at the usual places:

Enjoy. Don't forget to rename the PDF files to something you can actually find, like "FRE 2024.pdf" and "FRCP 2024.pdf."

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Motion to Amend Filed Before Deadline Not Untimely

Andrew E. Russell, June 23, 2020
FRCP FRCP 15

The judges' form scheduling orders in D. Del. require deadlines for motions to amend, tracking FRCP 16(b)(3)(a), which says scheduling orders must limit the time to amend pleadings.

In an oral order on Friday, Judge Burke granted a motion to amend an answer that was filed on the day of the deadline set in the scheduling order.

He described how difficult it would be for a party to argue that a motion to amend was untimely when it was filed before the agreed-upon deadline:

It would be the unusual case where a Court had previously determined (at the parties' request) that amendment could be allowed by a certain date without causing harm to the case schedule, and yet …
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