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December 27, 2016 Practice Points

Quick Guide to the Amendments to the Federal Rules of Appellate Procedure

By Kaysey Fung

Permission to Appeal, Fed. R. App. P. 5

  • Replaces 20-page limit for petitions for appeal with 5,200 word limit

Calculating Time, Fed. R. App. P. 26

  • Removes 3-day extension after date of service for electronic service

Motions, Fed. R. App. P. 27

  • Replaces 20-page limit for motions and responses with 5,200 word limit
  • Replaces 10-page limit for replies to 2,600 word limit

Briefs (Cross Appeal), Fed. R. App. P. 28.1

  • (Cross appeal) Replaces 14,000 word limit on Appellant's principal brief or Appellant's response and reply briefs with a 13,000 word limit
  •  (Cross appeal) Replaces 16,500 word limit on Appellee's principal and response briefs with a 15,300 word limit
  • Appellee's reply brief has a 6,500 word limit

Briefs (No Cross Appeal), Fed. R. App. P. 32

  • Replaces 14,000 word limit on Appellant's principal briefs with a 13,000 word limit
  • Replaces 7,000 word limit on Appellee's reply briefs with a 6,500 word limit

Kaysey Fung is an associate at Cohen Dowd Quigley in Phoenix, Arizona.

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