Judge Barkett Leaving the Eleventh Circuit

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Former nun, former circuit court judge, former Fourth District Judge, and former Chief Justice of the Florida Supreme Court Rosemary Barkett has added another “former” to her resume: She’s retiring from the Eleventh Circuit Court of Appeals, effective September 30. Barkett isn’t really retiring, though: She is joining the Iran-United States Claims Tribunal in The Hague. Best of luck in this next phase of your career, Judge Barkett! I will never forget high-fiving over chinese food back in the day. I was very grateful for your kindness to another judge’s law clerk.

Updated 11th Circuit Rules and Pro Se Handbook

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The Eleventh Circuit has updated its rules [.pdf], with many of the new rules aimed at bringing the rules in line with the realities of CM/ECF electronic filing. As explained in the cover letter, the changes:

  • Add a new rule requiring counsel to file documents electronically using the Court’s Electronic Case Files (ECF) system. 11th Cir. R. 25-3.
  • Add a new rule to address electronic brief uploading when counsel are exempt from using the ECF system. 11th Cir. R. 31-5.
  • Delete IOP 11, Electronic Transmission of Emergency Petition for Rehearing En Banc (following FRAP 35) as unnecessary in light of mandatory electronic filing.
  • Add reference to the John C. Godbold Federal Building. IOP 1, Physical Facilities (following FRAP 47).
  • Clarify that copies are only required when certain items are filed in paper. 11th Cir. R. 22-4(a)(3); 11th Cir. R. 27-1(a)(1); IOP 6, Citation of Supplemental Authorities (following FRAP 28); IOP 1, Citation of Supplemental Authorities (following FRAP 29);
    IOP, Motions for Damages and Costs (following FRAP 38); 11th Cir. R. 40-5.
  • Substitute the term “non-argument” for “screening” in various rules and IOPs. 11th Cir. R. 31-6(b); 11th Cir. R. 34-3(e); IOP 1, Non-Argument Calendar (following FRAP 34); 11th Cir. R. 46-10(b); IOP 9c, Non-Argument Calendar Appeals, and IOP 9d, Oral Argument Calendar Appeals (following FRAP 47).

As with prior updates, the new rules thankfully come with a guide to replace pages with change without having to trash your entire prior copy of the rules.

Along with the Rules, the Court has also updated its pro se handbook [.pdf] to reflect the new procedures.

Eleventh Circuit Updates Civil Pattern Jury Instructions

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The Eleventh Circuit Court of Appeals has updated its civil pattern jury instructions for the first time in about eight years. The new instructions are found at the Court’s website. The 2013 instructions represent a major overhaul, both for readability (with a nod to, and input from, Bryan Garner) and in content. Most interesting to me is the addition of pattern instructions for copyright and trademark law. To my knowledge, before now only the Ninth Circuit had IP instructions prior to this change (or at least, that was the case the last time I had to pull together jury instructions).