Eleventh Circuit Amends Rules on Extensions, Disclosures, and Admissions

Eleventh Circuit Court of Appeals, Atlanta

Eleventh Circuit Court of Appeals, Atlanta

The 11th Circuit will now allow a first request for extension of time of up to 14 days (instead of 7) – without having to certify pursuant to 11th Circuit Rule 26-1 that the requestor conferred with opposing counsel about the extension – which can be granted by the Clerk on a telephonic request, so long as the Court hasn’t established a written briefing schedule. 11th Cir. R. 31.2. Any request for an extension greater than 14 days still requires consultation with opposing counsel and a written motion, and the first request must still be made at least 7 days in advance.

The Court also amended the rules for filing a Certificate of Interested Persons and Corporate Disclosure Statement (CIP) to not only require the appellant or petitioner to file a CIP within 14 days of docketing of the appeal and to complete the web-based CIP form the same day, but to require all other parties to file a response to the CIP within 14 days either indicating the CIP is correct or adding additional interested persons or entities. 11th Cir. R. 26-1(a). The rule now clearly states that failure to complete the separate web form will subject a party to delay of the case and possible sanctions. 11th Cir. R. 26-1(b); 26.1-5. The rule change also clarifies the parties that need to be identified in various kinds of cases, speaking specifically to including the identity of the victims in criminal appeals, and the debtor, creditor’s committee members, and any entity which may be affected by the decision in bankruptcy appeals. 11th Cir. R. 26.1-2. Any amendments to the CIP must be brought to the Court’s attention, both in briefs and through the web-based CIP. 11th Cir. R. 26.1-4.

Finally, the attorney admission rules now impose a continuing obligation to notify the Court if an attorney’s status with any other bar lapses, and makes clear that attorneys applying for admission to the bar or to appear pro hac vice must be in good standing elsewhere. 11th Cir. R. 46-1, 46-4; 46-7. Renewal fees may now be paid online.

Download a copy of the new rules here. The Court’s summary table of the rule changes is available here.

Eleventh Circuit Makes ECF Mandatory

In an order issued last week [GO 38 .pdf], the United States Court of Appeals for the Eleventh Circuit announced it will be making the switch to electronic filing effective April 1, 2013. If you haven’t already done so, be sure to register for Appellate CM/ECF before that date! Be sure to check out the Court’s guide to electronic filing, found here [.pdf].

Get Your Revised Eleventh Circuit Rules Here — Bonus Tip for iPad Users!

The Eleventh Circuit published a new, complete .pdf of its rules effective August 1, 2012. The changes to the Court’s local rules and IOPs are minor, but at least one of them is very interesting: the court has changed the rule to allow folks to purchase CDs of oral argument. The Court also amended the rules to eliminate references to specific dollar amounts for fees, so that it no longer need amend the local rules whenever there is a statutory fee change.

The Eleventh Circuit has always kindly provided a guide for replacing the pages where there are changes in your current copy of the rules, so that practitioners can retain their annotations and only pull out the pages where there are actual changes. If, like me, you’ve switched to using an iPad for most of your research needs, Adobe Acrobat X makes it very simple to do the electronic equivalent of changing out the necessary pages of your notebook. Save the new rules to your computer at an easy to find location, then open your old copy and under TOOLS select “REPLACE”. Adobe will prompt you to select the new file from which you want to take the replacement pages:

Screen Capture of Replace Pages Dialog

In this case, the .pdf page numbers and the listed page numbers align perfectly, so it is very simple to follow the directions on page 2 of the Court’s .pdf and replace, section by section, the necessary pages. And voila! My copy of the rules is up to date, and I didn’t have to give up all of my annotations.