New Federal Rules Regarding Time Periods

Unless Congress takes action, effective December 1, 2009, the rules regarding how time periods are calculated in Federal courts are changing as are some of the time periods.  Under the current version of Rule 6 of the Federal Rules of Civil Procedure, intermediate Saturdays, Sundays, and legal holidays are excluded when calculating periods less than 11 days, but not when calculating periods 11 days or longer.  The version of Rule 6 effective December 1, 2009, does not exclude intermediate Saturdays, Sundays, or legal holidays.

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Proposed Changes to Ethics CLE Requirements in Missouri

The Missouri Bar Board of Governors is considering proposed amendments to Supreme Court Rule 15 that would change the minimum requirements for continuing legal education hours devoted to professionalism, ethics, or malpractice prevention.  A copy of the proposed changes can be found here (no longer available).

Under the current system:

        Each lawyer shall complete at least three credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics, or malpractice prevention. . . .  Such programs and activities shall be completed on or before June 30, 1993, and at least every three years thereafter.

Mo. Ct. R. 15.05(f) [now Mo. Ct. R. 15.05(f)(1)].  In short, we are required to complete three credit hours of CLE programs devoted to professionalism, ethics, or malpractice prevention every three years.

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Recent Supreme Court of Missouri Decision Regarding Venue

The Supreme Court of Missouri recently decided a case that significantly changes the handling of motions for transfer for improper venue under Missouri’s Supreme Court Rule 51.045. The case is State ex rel. Kansas City Southern Railway Co. v. Nixon, 282 S.W.3d 363 (Mo.banc 2009) (Overview/Summary). In this case, the Court affirmed the circuit court’s granting of a motion for leave to amend the petition to add an additional defendant, thereby correcting the problem with venue, and denial of a motion for transfer for improper venue. To understand how this case changes proceedings under Rule 51.045, some history is necessary.

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