Friday, December 1, 2023

New FRAP & Circuit rules

December 1 is the day new federal rules take effect. FRAP 2, 4, 26, and 45 have been amended. FRAP 2 now has more flexibility and detail about how to handle emergencies (e.g., pandemics), allowing broader authority to suspend rules. FRAP 4 is likewise amended to address timing when emergency situations are declared. FRAP 26 and 45 are amended to add Juneteenth as a legal holiday.  

The Ninth Circuit has posted a new fee schedule here. New 9th Circuit Local Rules are here, including Circuit Rule 32-1(f) about whether and how to count (for word-count purposes) visual images used for demonstrative purposes in briefs.

See also Bloomberg Law's Updated Evidence Rule Warns Judges Against Junk Science re changes to FRE 702.

And do not miss the ABA Journal's Ruling in double-spacing kerfuffle, federal judge observes lawyers don't need 'more words on a page' and ATL's Heated Litigation Fight Over 'Double-Spacing' Ends In Judge Telling Everyone To Shut Up

 Law.com has Objectors in $725M Facebook Settlement Combat 'Absurd' $8,500 Appeal Bonds -- Objector lawyers who have challenged numerous Big Tech privacy settlements are fighting back against paying $8,500 bonds before appealing approval of a $725 million class action deal with Facebook’s Meta Platforms Inc. "Plaintiffs lawyers in the Facebook settlement have asked for $8,500, citing Davila’s order, but the objector lawyers allege the bond, if required, shouldn’t exceed a few hundred dollars."