Greetings!
I can't believe that 2013 is halfway over. Thanks to everyone who came out to our Scholarship Fundraiser on June 26, 2013. Thank you for the great support that we received for the Second Quarter Charity. We raised over $2,700.00 for Lungs for Brent this quarter. We are gearing up for our Third Quarter Charity Children's Home Society Back to School Supply Drive. We will be collecting items to stuff backpacks. Please check your Yahoo Group posting or the website for details on the items we are collecting and the drop off locations.
Don't forget the July 20th Family Fun Day BBQ at Downey Park. Please come out and bring your family. We look forward to meeting all the new and current members of CFPA. Have a wonderful Fourth of July Holiday and stay safe.
We appreciate Orlando Legal Copies' sponsorship of our newsletter this month and as a supportive Patron Member of CFPA. If you wish to know more about Orlando Legal Copies, please click on the link to their web site. Leslie Brown, CP, FRP Certified Paralegal/Florida Registered Paralegal CFPA President - 2013 President@cfpainc.org
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CFPA Half Year/Half Price Membership ...
 CFPA's MEMBERSHIP COMMITTEE is pleased to announce ....
HALF YEAR/HALF PRICE MEMBERSHIP PRICES ARE
NOW IN EFFECT!!
Tell your bosses, co-workers, peers, friends and neighbors :o)
From July 1 until December 2013 Membership prices
are cut in 1/2!!Active: $30.00
Student: $15.00
Associate: $25.00
Patron: $42.50 PLEASE BE ADVISED that this is for membership for the 2013 calendar year ONLY and when the renewal period for the 2014 calendar year starts in November - December that will be full price.Membership applications can be found on our website at:
http://cfpainc.org/membership/applyformembership.htmlYou can pay online via Pay Pal (link on the website) or by check. For faster processing of your application you can pay online and email confirmation along with your scanned in application to CFPA's Membership Chair at email below.
If you have any questions at all please feel free to the Membership Chair, Cassie Snyder, ACP, FRP at Membership@cfpainc.org. |
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CFPA ELECTIONS ...
ALL CALL FOR NOMINATIONS!!
DEADLINE TO DECLARE CANDIDACY HAS BEEN EXTENDED TO
JULY 15TH !!! PLEASE CONSIDER RUNNING FOR ONE OF THE BOARD OF DIRECTOR POSITIONS LISTED BELOW ... |
Have you ever thought or wondered how you can become more involved in CFPA? Running for an office on the Board of Directors is a great way to get involved or getting involved on a committee ...
The Elections Committee is calling for nominations for the Central Florida Paralegal Association, Inc.'s 2014 Officers and Directors.
The positions to be filled by election are as follows:
BOARD OF DIRECTORS:
Vice-President/President-Elect
Second Vice President
Secretary
Treasurer
NALA Liaison
Director 1
Director 2
Director 3
Director 4 (appointed by President)
Descriptions are listed in CFPA's Bylaws:
http://cfpainc.org/cfpabylaws.html
The Elections Committee will be accepting nominations for these positions until July 15, 2013.
Listed below is the eligibility requirements to run for a position of the Board of Directors for CFPA:
Article 5.2 of the Bylaws:
5.2 Eligibility. As a prerequisite for candidacy, Officers must be Active Members and, with the exception of Parliamentarian, must have been a member of the Board of Directors for 1 year immediately prior to running for any Office. In the event no one runs for a particular Office having served on the Board of Directors, then any Active member of CFPA may run for that Office provided he or she has been an Active Member for at least one full year. Candidates for the offices of President and Vice President/President-Elect must also be actively employed as paralegals.
If you are interested in running for an office, please complete the Declaration of Candidacy and Biography form attached and email your nomination to:
Esther English. CP, Elections Committee Chair Elections@cfpainc.org
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CFPA Downtown Luncheon ...
CFPA's Next Downtown Luncheon
will be held at 12:00 p.m. on
Wednesday, July 17, 2013
at
310 Lakeside
Downtown Orlando
301 E. Pine Street
Orlando, FL 32801
407.373.0310
To check out their menu go to:
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CFPA Family Fun Day BBQ ...
CFPA will be collecting school supplies at this event as well so please see the list of supplies needed in the Third Quarter Charity section below!!
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The Importance of Local Court Rules ...
PRACTICE TIP! The Importance of Local Court Rules By: Daphne A. Drescher, CP Know what I think is even more important than state or federal statutes for making sure we're doing things correctly?
You guessed it. Local rules. Of course we need to follow the procedural information found in the Federal Rules of Civil Procedure if we're in federal court, and our state's civil procedure statutes and state court rules if we're in state court. However, these federal and state statutes are general in many areas, and the rule makers and legislatures have anticipated that local jurisdictions will fill in the gaps, often with consideration given to procedures that are suitable and practicable in their local communities.
One of the ways this is evident is the frequency with which local rules are revised. The last revision to the Federal Rules of Civil Procedure was in December, 2010. (Note readers: another revision is coming, with some significant changes in the e-discovery realm - see the Blog Roll for more information!)
State civil procedure statutes are being revised continually, but still don't keep pace with local rule revisions. Many local jurisdictions, both federal and state, revise their local court rules every year, and these local rules are controlling when they provide more detail than the procedural statutes. Just for fun, let's look at some examples of California federal local rules trumping procedure statutes. Deadlines. Fed. R. Civ. P. 6(d) states that when a party serves by electronic transmission (Fed. R. Civ. P. 5(b)(2)(E)), three days are added to the response deadline. So this includes all electronic service effected through the court's electronic filing system, right? Well, maybe, maybe not! Check your local rules! -
In Northern District, Civil L.R. 7-3(a) specifically states motion opposition and reply deadlines are not extended three days by e-filing, and that Fed. R. Civ. P. 6(d) does not apply; rather, the three day extension applies only if a motion is filed by mail or by some other electronic means.
- Similarly, Southern District CivLR 7.1(e)(4) specifically states service via ECF does not extend court filing deadlines for motions; rather, the three day extension applies for service by mail.
Motions. Fed. R. Civ. P. 78 provides for local courts to establish procedures for motions and hearings, so it is to the local rules we must look to determine these important deadlines. - The Northern District requires filing and service of a motion 35 days before the hearing. (N.D. Cal. Civ. R. 7-2(a)). Oppositions are filed 14 days after filing/service of the motion. Replies are filed 7 days after the opposition. (N.D. Cal. Civ. R. 7-3(a),(c)).
- Eastern, Central and Southern Districts require filing of motions 28 days before the hearing, but there similarities stop. Eastern and Southern Districts require oppositions to be filed 14 days before the hearing and replies 7 days before the hearing, while Central District requires oppositions 21 days before the hearing and replies 14 days before the hearing. (E.D. Cal. R. 230(b)-(c); C.D. Cal. R. 6-1, 7-9, 7-10; S.D. Cal. Civ. R. 7.1(e)(1)-(3)).
Discovery motions. Fed. R. Civ. P. 37 governs motions to compel discovery, and requires the moving party to certify a good faith attempt has been made to confer with the other party in an effort to avoid the motion. However, the specifics of this meet and confer requirement are left to local courts. - Eastern and Central Districts require the filing of a joint statement or stipulation prepared and signed by both parties outlining their efforts to resolve the discovery dispute. (E.D. Cal. R. 251(c), C.D. Cal. R. 37-2).
- In addition, Eastern and Southern Districts specifically require that counsel meet in person if they are in the same county, and otherwise by telephone. (C.D. Cal. R. 37-1, S.D. Cal. Civ. R. 26.1). In fact, Southern District CivLR 26.1 states, "under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence." Wow!
Motions for Summary Judgment or Summary Adjudication. There is quite a bit of local court variation in procedures here. Stay tuned for an upcoming issue with in-depth treatment of these important motions! Tables of contents and authorities. When does a brief require the inclusion of tables? The Federal Rules of Civil Procedure don't address this; it is left to the local rules of each court. - In California, most district courts require that tables of contents and authorities accompany any brief exceeding 10 pages in length. (N.D. Cal. Civ. R. 7-4(a); C.D. Cal. R. 11-8; S.D. Cal. Civ. R. 7.1(h)). The Eastern District is the outlier, requiring tables in any brief over 15 pages. (E.D. Cal. R. 133(k)).
Courtesy copies. Alas, federal court filing isn't quite paperless yet, because many courts require paper copies of any e-filed document be provided to the judge. Once more, the Federal Rules don't address this issue, and leave it to local rules or even individual judges. - Northern District requires that chambers copies of each e-filed document be provided to the assigned judge, generally by noon the day after filing. (N.D. Cal. Civ. R. 5-1(e)(7)). The Eastern District only requires courtesy copies of any e-filed document over a certain page limit by the next business day after filing. (E.D. Cal. R. 133(f)). The Central District requires chambers copies of each e-filed document be delivered by noon the next day, and unless the judge specifies otherwise, the chambers copies must be blue-backed! (C.D. Cal. R. 5-4.5).
Conclusion These are just a few examples from my own state showing the wide variation of procedures to be found among jurisdictions. Your own states will have examples too. Local rules are what govern procedure on any number of matters. They must be consulted regularly and often to assure our deadlines are calendared correctly, and the procedures we're following will be accepted by the court.
Article provided from the Drescher ProParalegal Newsletter which is authored by: Daphne A. Drescher, CP - http://proparalegal.com/
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Third Quarter Charity ...
CFPA's Third Quarter Charity is the Children's Home Society ... July 1st - August 10th BACK TO SCHOOL Supply Drive CFPA will be collecting school supplies for Children's Home Society
**We need volunteers - see event flyer for details**
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E-Filing - Tip of the Month ...
 By: Leslie Brown, CP, FRP
Ever looked at the clerk's website and see a document that has been filed that you do not have a copy of. You used to have to send a request letter to the clerk with a check for copies. Now in most counties, when you have filed a document in a case you can pull up the docket from the eportal and print copies from there. When you log into the eportal, the system automatically shows the most recent filings. Click on the case number (usually the second column from the left), it will open a new window with the case comprehensive case information. From their click on the case number again (top left corner). This will bring up a list of the docketed filings. Now depending on the county, you either click on the actual document name as listed and it will pull up the filing, or on the far right side following the title of the document there is a pdf link with the document. You can print and save from there.
Hint: Orange county click on the title to pull up the document. Lake County the document is attached as a pdf on the far right side following the title.
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CFPA on the Web ...
You can find CFPA on these social networking sites:
Facebook
Linked In
Twitter
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From the Editor ...
 | | Cassie Snyder, ACP, FRP Editor - Carpe Diem Editor@cfpainc.org |
If you would like to be a "Sponsor of the Month" or if you have any legal articles or topics of interest that you would like to see covered in the next issue of the Carpe Diem please feel free to share them with me.
ONLY ONE MORE SPONSORSHIP SPOT IS AVAILABLE FOR 2013 ... up for grabs is the month of November! First come ... First Serve!!! Please email me at Editor@cfpainc.org to secure this spot. Sponsor the Month $30.00
Sponsor the Month w/ Ad or Article $50.00
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Membership Corner
Welcome New Members:
Sindy Fitzpatrick
Arlene Hutchinson, FRP
Anita Maitlall, FRP
Marsha Norman, FRP
For Membership Information and Application CLICK HERE
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