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Local Rules Once Again Come Under Fire; When Will Judges Learn?

Once again, an appellate court has admonished a local court for establishing local-local rules (known among attorneys as loco-loco rules) that violate the Rules of Court.  These aren't the rules of the entire court.  They're the rules set in a particular judge's courtroom.  It seems that no matter how many times appellate courts put it in writing or attorneys politely point it out to a superior court judge, the "enforcement" of the local-local rules slip through.

We need a better system. 

It's hard for an attorney to cross a judge when that attorney will have to appear in front of again and again.  Superior Court judges also don't like being taken up on a writ and getting slammed by an appellate court.  Some judges tend to remember the attorney, and there are only so many times you can challenge a judge to avoid appearing in front of that judge. 

Perhaps the best way to deal with it is to just abolish local-local rules.  But they already tried that (see Rule No. 1), didn't they?

Posted by J. Craig Williams on Wednesday, October 26, 2005

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