Tuesday, May 10, 2016

Coming FRAP changes: Fewer words! Less time!

Howard Bashman's Amendments to Federal Rules of Appellate Procedure to Take Effect outlines three important changes to the Federal Rules of Appellate Procedure effecting December 1, 2016:

  • Starting this December, however, the word limits applicable to federal appellate briefs will decrease by more than 7 percent. Under the amendments that are set to take effect later this year, the maximum size of a party’s principal brief will be 13,000 words. The maximum size of a reply brief will be 6,500 words. And the maximum size of a step-two brief in a cross-appeal will be 15,300 words.
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  • The next noteworthy amendment that will take effect later this year will reduce the time for responding to briefs, motions, or other papers served by lawyers representing other parties in an appeal. ...  amendments to the Federal Rules of Appellate Procedure that will take effect in December will eliminate the three extra days for responding to briefs, motions, and other papers served by another party via e-filing, including through the [] CM/ECF system.
  • The third amendment to the Federal Rules of Appellate Procedure worth highlighting that will take effect in December involves amicus briefs in support of or in opposition to petitions for panel rehearing or rehearing en banc. ... The newly added provision details when and how amicus briefs in support of or in opposition to a request for panel rehearing or rehearing en banc may be filed. And the rule limits such amicus briefs to 2,600 words.