December 07, 2017 Articles

Proposed Amendments to the Federal Rules of Appellate Procedure

What you need to know about the pending changes.

By Steven Finell – December 7, 2017

Three annual rounds of amendments to the Federal Rules of Appellate Procedure are pending. One set awaits congressional action, one set awaits Supreme Court action, and one set awaits public comment (perhaps from you). Both the Supreme Court and Congress typically allow the amendments to go into effect as proposed, so read on for tips about the pending changes, which include additional time for reply briefs, elimination of certificates of service for electronically filed documents, and the strange tale of the mysteriously disappearing Federal Rule of Appellate Procedure 4(a)(4)(B)(iii).

For further information about the process and timetable for enacting and amending federal rules of procedure and practice, including the Federal Rules of Appellate Procedure, see Steven Finell, “Appellate Rules and Statutes Focus: Amendments to the Federal Rules of Appellate Procedure,” App. Prac. J., Fall 2009, at 4.

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