August 22, 2014

Tenth Circuit Proposes Changes to Local Rules for 2012 and Seeks Comment

On January 1, 2012, new local rules for the United States Court of Appeals for the Tenth Circuit will take effect. From August 26 through October 23, the court invites comment and feedback from all interested parties on this year’s proposed changes. Please take a moment to review the changes below.

Comments may be emailed to the Court. In addition, interested parties are invited to call the office of the Clerk at (303) 844-3157 with any questions they may have. A final version of the rules will be posted on the court’s website on or around November 21, 2011.

Additionally, changes to Federal Rules of Appellate Procedure 4(a)(1) and 40(a)(1) will take effect on December 1, 2011. These changes are also outlined below.

Federal Rules of Appellate Procedure (changes will take effect December 1, 2011)

1)  Federal Rule of Appellate Procedure 4(a)(1)

This rule was changed to clarify language regarding the entry of judgment, and to define more precisely which entities are included for purposes of defining “United States” under Rule 4(a)(1)(B).

2)  Federal Rule of Appellate Procedure 40(a)(1)

This rule change is similar to the change made to Rule 4. Specifically, the change clarifies language and also defines more precisely which entities are included for purposes of defining “United States.”

Tenth Circuit Proposed Local Rules Changes for 2012

1)  10th Cir. R. 5.1 (filing reply briefs in Fed. R. App. P. 5 cases)

Federal Rule of Appellate Procedure 5 outlines the process for filing petitions for permission to appeal. The proposed addition to the local rule addresses reply briefs, which were not addressed previously. Proposed local rule 5.1 allows parties to file a reply in these cases upon motion to the court.

2)  10th Cir. R. 22.1 and 22.2 (certificates of appealability and procedures in death penalty cases)

(These proposals include changes to Rule 22.1(A), Rules 22.2(B) and (C) plus the elimination of Rules 22.2(D) and (E)).

The proposed changes to these rules are in the nature of language updates, but are extensive. The proposed changes are necessary to conform the local rules to the current practices of the court.

3)  10th Cir. R. 28.2(C)(6) (proposed new rule re: glossary of terms)

This proposed rule requires parties to include a glossary of terms in briefs which are acronym-intensive. The proposed rule speaks specifically to agency proceedings.

4)  10th Cir. R. 29.1 (proposed addition re: page limits for amicus briefs on rehearing)

This proposed local rule would make, with respect to page limits, amicus briefs on rehearing consistent with principal amicus briefs filed per Fed. R. App. P. 29.

5)  10th Cir. R. 46.3(A) (prerequisites for filing a motion to withdraw in a criminal case)

The court’s current local rule requires counsel to perfect the appeal in a criminal case prior to filing a motion to withdraw. Perfecting the appeal includes filing a designation of record and transcript order form (or notice that no transcript is necessary), along with the entry of appearance and docketing statement. The proposed change will allow counsel to file a motion to withdraw following submission of an entry of appearance and docketing statement (only). There will no longer be a requirement to perfect the appeal before filing the motion.

Click here to review a memorandum from the Tenth Circuit regarding the changes.

Click here to read a complete draft of the rules.

Click here to read a complete draft of the rules including red line edits.

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