On August 12, 2016, the Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules published proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, rules committee reports explaining the proposed changes, and instructions on how to submit comments are posted on uscourts.gov. The public comment period ends February 15, 2017.
FRAP's at issue are:
- Appellate Rules 8, 11, 25, 28.1, 29, 31, 39, 41, and Form 4
In addition to making the time for a reply brief 21 days (instead of the existing 14+3 days), the proposals would:
(1) conform Appellate Rules 8(a)(1)(B), 8(a)(2)(E), 8(b), 11(g), and 39(e)(3) to the proposed
revision of Civil Rule 62 by altering clauses that use the term “supersedeas bond”;
(2) allow a court to prohibit or strike the filing of an amicus brief based on party consent under
Appellate Rule 29(a) when filing the brief might cause a judge’s disqualification;
(3) delete a question in Appellate Form 4 that asks a movant seeking to proceed in forma
pauperis to provide the last four digits of his or her social security number; and
(4) revise Appellate Rule 25 to address electronic filing, signatures, service, and proof of service
in a manner conforming to the proposed revision of Civil Rule 5.