FRAP 26.1 is that annoying rule about including a "disclosure statement" before the table of contents in your federal appellate brief. But as of this month, the Ninth has scrapped that FRAP. New Circuit Rule 28-1(c) says: "Unless otherwise required by Circuit Rule 26.1-1, the brief should not include a disclosure statement pursuant to FRAP 26.1."
Ok, so what does CR 26.1-1 say? It says all parties are supposed to file a Form 34 Disclosure Statement within 14 days of an appeal being docketed (CR 26.1-1(a)(2)) and must file a supplemental Form 34 whenever there is a need to do so. Nothing in CR 26.1-1 appears to "otherwise require" a disclosure within a brief. Thus, the days of disclosure pages in briefs appears over in the Ninth. And no one's going to miss them! (Hat tip to Laurie Hepler for highlighting this.)
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