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Notice of Proposed Amendments

Monday, October 24, 2016

 
Current Local Rules with Redline Proposed Changes 
 
5th Cir. R. 26: 
 
26.1 Computing Time. Except for briefs and record excerpts, all other papers, including petitions for rehearing, are not timely unless the clerk actually receives them within the time fixed for filing. Briefs and record excerpts are deemed filed on the day sent to the clerk electronically where permitted by 5TH CIR. R. 30 and 31, by a third-party commercial carrier for delivery within 3 days, or on the day of mailing if the most expeditious form of delivery by mail is used. The additional 3 days after service by mail, by electronic means, or after delivery to a commercial carrier for delivery within 3 days referred to in FED. R. APP. P. 26(c), applies only to matters served by a party and not to filings with the clerk of such matters as petitions for rehearing under FED. R. APP. P. 40, petitions for rehearing en banc under FED. R. APP. P. 35, and bills of costs under FED. R. APP. P. 39. 
5th Cir. R. 28: 
 
28.3 (m) A certificate of compliance if required by FED. R. APP. P. 32(a)(7) 32(g)(1) and 5TH CIR. R. 32.3. (see FED. R. APP. P. 28(a)(10)); 
 
5th Cir. R. 29: 
 
 29.3 Length of Briefs. See FED. R. APP. P.29(d). 29(a)(5). 
 
5th Cir. R. 31: 
 
31.3 Briefs - Time for Mailing or Delivery to a Commercial Carrier. The appellant must send his or her brief to the clerk not later than 40 days after the date of the briefing notice. Pursuant to FED. R. APP. P. 26(c), the appellee has 33 days from the appellant’s date of the certificate of service to place the appellee’s brief in the mail, file it with the clerk electronically where permitted, or to give it to a third-party commercial carrier for delivery within 3 days. This rule is effective ONLY when the appellant has effected service by mail or via delivery to a commercial carrier for delivery within 3 days and may not be combined with the additional time provisions of FED. R. APP. P. 26(c) to give the appellee 36 days to file a brief. The certificate of service required by FED. R. APP. P. 25(d) is placed in the brief as specified in 5TH CIR. R. 28.3, and must be dated.  See 5TH CIR. R. 39.2 for limitations on recovery of certain mailing and commercial delivery costs. 
 
5th Cir. R. 32: 
 
32.2 Type Volume Limitations. See FED. R. APP. P. 32(a)(7)(B)(iii)  32(f), and for cross- appeals, FED. R. APP. P. 28.1(e). The certificate of interested parties does not count toward the limitation. 
 
 
        Lyle W. Cayce              Clerk of Court 
 
Current Local Rules with Redline Proposed Changes 
 
5th Cir. R. 26: 
 
26.1 Computing Time. Except for briefs and record excerpts, all other papers, including petitions for rehearing, are not timely unless the clerk actually receives them within the time fixed for filing. Briefs and record excerpts are deemed filed on the day sent to the clerk electronically where permitted by 5TH CIR. R. 30 and 31, by a third-party commercial carrier for delivery within 3 days, or on the day of mailing if the most expeditious form of delivery by mail is used. The additional 3 days after service by mail, by electronic means, or after delivery to a commercial carrier for delivery within 3 days referred to in FED. R. APP. P. 26(c), applies only to matters served by a party and not to filings with the clerk of such matters as petitions for rehearing under FED. R. APP. P. 40, petitions for rehearing en banc under FED. R. APP. P. 35, and bills of costs under FED. R. APP. P. 39. 
5th Cir. R. 28: 
 
28.3 (m) A certificate of compliance if required by FED. R. APP. P. 32(a)(7) 32(g)(1) and 5TH CIR. R. 32.3. (see FED. R. APP. P. 28(a)(10)); 
 
5th Cir. R. 29: 
 
 29.3 Length of Briefs. See FED. R. APP. P.29(d). 29(a)(5). 
 
5th Cir. R. 31: 
 
31.3 Briefs - Time for Mailing or Delivery to a Commercial Carrier. The appellant must send his or her brief to the clerk not later than 40 days after the date of the briefing notice. Pursuant to FED. R. APP. P. 26(c), the appellee has 33 days from the appellant’s date of the certificate of service to place the appellee’s brief in the mail, file it with the clerk electronically where permitted, or to give it to a third-party commercial carrier for delivery within 3 days. This rule is effective ONLY when the appellant has effected service by mail or via delivery to a commercial carrier for delivery within 3 days and may not be combined with the additional time provisions of FED. R. APP. P. 26(c) to give the appellee 36 days to file a brief. The certificate of service required by FED. R. APP. P. 25(d) is placed in the brief as specified in 5TH CIR. R. 28.3, and must be dated.  See 5TH CIR. R. 39.2 for limitations on recovery of certain mailing and commercial delivery costs. 
 
5th Cir. R. 32: 
 
32.2 Type Volume Limitations. See FED. R. APP. P. 32(a)(7)(B)(iii)  32(f), and for cross- appeals, FED. R. APP. P. 28.1(e). The certificate of interested parties does not count toward the limitation. 
 
 
  Lyle W. Cayce             
 Clerk of Court