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.


Copyright © 2016, American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s).