Thursday, March 22, 2018

9th Cir. invites comments re rules

The 9th Circuit invites comments by April 30 on proposed rule changes regarding certificate of service requirements and habeas appeals here. On the first point, if all counsel are already receiving electronic copies of filings by NextGen cm/ecf, then why bother with a proof of service?

The revisions to:
>Circuit Rules 22-1 through 22-6, Habeas Corpus Appeals; and
>Circuit Rule 25-5(f), Certificate of Service Requirement are primarily designed to clarify language and mirror existing practice, and to bring the rules into conformity with planned FRAP revisions for December 2018 that will place limits on stays of mandates in some circumstances and will eliminate a certificate of service requirement for electronically filed documents. If ultimately approved by the Court, these rules would become effective December 1, 2018.

Over in state court .... In the appellate sanctions department see here for an interesting $5K imposition.