Tuesday, November 22, 2016

New Appellate Rules of Procedure

The 2017 Federal Rules of Appellate Procedure will take affect on December 1, 2016, and new Tenth Circuit Local Rules will be effective on January 1, 2017. All the updated rules are available at http://www.ca10.uscourts.gov/clerk/rules. Notable changes to the federal rules include a reduction in the word count for primary briefs (from 14,000 to 13,000 words) and reply briefs (from 7,000 to 6,500 words). FRAP 26(c) allows for the addition of three days to all deadlines if service is accomplished by certain methods. Pleadings delivered electronically had been under this rule. However, Rule 26(c) has been amended so that papers delivered electronically are treated as delivered on the date of service and the three additional days will no longer be added to any applicable deadline. 10th Cir. Rule 46.4(B)(1) has been amended to make clear counsel’s obligations when filing a no-merits brief in a criminal case involving a non-English-speaking defendant. A memo setting out all the changes to the rules is available at the Tenth Circuit’s website.