Eleventh Circuit Amended Rules Go Into Effect Today With Minor Changes

Eleventh Circuit Court of Appeals, Atlanta

Eleventh Circuit Court of Appeals, Atlanta

Amendments go into effect today, August 1, 2017, for six of the Eleventh Circuit’s local rules.  The changes are minimal and, on the whole, positive for parties and practitioners alike.

  • 11th Cir. R. 22-3:  The use of the clerk’s form for filing “a second or successive habeas corpus petition or motion to vacate, set aside or correct sentence” is no longer required, but merely encouraged in some cases.
  • 11th Cir. R. 31-1(d):  In addition to jurisdictional questions on main appeals, the rule now also contemplates potential jurisdictional questions on cross-appeals, expressly providing for postponement of the due date of the appellee-cross-appellant’s brief until the court determines that the appeal should proceed.
  • 11th Cir. R. 42-2(e):  A motion to set aside a dismissal of a civil appeal for failure to file a brief or appendix must now only be accompanied by the missing document, not both as previously required.
  • 11th Cir. R. 46-1:  Incorporates some of the content from FRAP 46, IOP 3 regarding attorney admission fees, and replaces specific payment information with references to 11th Cir. R. 46-3 and the court’s website.
  • 11th Cir. R. 46-2: deletes the specific dollar amount required for bar membership renewal, instead referencing the court’s website.
  • 11th Cir. R. 46-4: deletes payment information, instead referencing the court’s website.

You can view the full text of the updated rules here [.pdf].  Give us a call if you have a federal appeal coming up–we’re experienced in navigating the numerous technicalities of the federal appellate rules.

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].