CPLRG Blog | Appellate Practice

December 2018 Changes to Federal Rules of Appellate Procedure 8, 11, 25, 26, 28.1, 29, 31, 39, and 41, and Forms 4 and 7

Effective December 1, 2018, there will be a number of changes to FRAP, including the usual tweaks to clean up or modernize terms. For example the changes to FRAP 8, 11 and 39 eliminate the term “supersedeas bond” in favor of a simplified “bond or other security” requirement. The more substantial changes involve continuing updates to the rules impacted by e-filing; changes in timing for reply briefs; and changes regarding Amicus Curiae filings.

FRAP 25 and 26 have been updated to clarify or conform the rules relating to electronic filing and service. Among the changes are the requirement for a person represented by counsel to file electronically (with exception for good cause or local rule); the establishment of a uniform electronic signature provision; and clarification of service by electronic means.

FRAP 28.1 and 31 were updated to extend the time to file a reply brief to 21 days from when the responsive brief was served in order to give back some time that was lost due to a prior rule change that made e-service the same as hand delivery and removed the three extra days previously allowed.

In addition to some housekeeping changes, FRAP 29 gives the courts the right to refuse Amicus briefs that would disqualify a judge.

Finally, FRAP 41 was amended to require an order to stay a mandate and provide that a mandate stayed pending a petition for certiorari must issue immediately upon denial of certiorari.

More information is available here. If you have questions about how to proceed with filing your appeal in any court, please contact staff counsel at Counsel Press.