CIT Updates Court Rules, Requires Motions for Judgment, Briefs in Support to Be Filed Together
Amendments to various rules at the Court of International Trade will take effect Jan. 23, the court said Dec. 27. The rules were announced Dec. 13. The trade court approved changes to rules 3.1, 7, 56.1, 56.2, 60 and 81; Form 24; and Standard Chambers Procedures. Many of the rules pertain to the requirement that parties submit motions for judgment and briefs in support of the motions in one single document.
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Rule 3.1, which concerns actions transferred to CIT from a binational panel or committee, was altered to exclude adherence to NAFTA rules and instead have transfers to CIT adhere to the applicable panel or extraordinary challenge committee rule.
Rule 7 deals with pleadings allowed, consultation, oral argument, response time, show cause order, form of motions and other papers. The change says that a request for a court order must be made by a motion that specifically states "in a single document the grounds for seeking the order and the legal argument necessary to support it. A separate brief supporting or responding to a motion must not be filed unless specifically required by the Court."
Rule 56.1 concerns judgment on an agency record for an action other than one laid out in 18 U.S.C. Section 1581(c). The trade court said the "motion for judgment on the agency record and the brief in support thereof must be submitted in a single document," and have a separate paragraph requesting the relief sought.
Rule 56.2 deals with motions for judgment on the record for actions under Section 1581(c). Among other changes, the court said an "intervenor must file a motion for a statutory injunction, or a Form 24 proposed order for a statutory injunction upon consent, no earlier than the date of filing of its Rule 24 motion to intervene and no later than 30 days after the date of service of the order granting intervention, or at such later time, but only for good cause shown."
Rule 60, which pertains to relief from a judgment, was altered to declare the deadline to file a Rule 60 motion "may fall after the time to appeal a judgment."
Rule 81 -- a clerical rule on papers submitted to the court -- was changed to say that the clerk can refuse any paper presented for filing if it does not comply with the Rule 7 update to file motions and legal briefs in a single document.
Form 24, which requests a statutory injunction upon consent, adds a paragraph that explicitly states the moving party conferred with all other parties and received consent.
The Standard Chambers Procedures were updated to further echo the rules 7, 56.1 and 56.2 changes that require motions for judgment on the record and briefs in support to be submitted in a single document.