May 21, 2019

Revised Federal Rules of Appellate Procedure and Tenth Circuit Local Rules Available Now; Fees to Increase

On December 1, 2013, changes to the Federal Rules of Appellate Procedure will take effect. Primary changes are to Rules 28 and 28.1, which address briefing requirements. The changes allow parties to combine a statement of the case and the factual recitation for the appeal into a single section. The current rule(s) require separate sections. In addition, Rules 13, 14, and 24 have been updated to clarify procedures in cases coming from the Tax Court, including permissive interlocutory appeals.

The revised Tenth Circuit Local Rules will take effect January 1, 2014. A memorandum outlining the more substantive changes to the Local Rules and the FRAP is available on the court’s website here. A redline version of both revisions is available here and a link to the complete 2014 FRAP and Local Rules is available here.

The court also announced an increase in the fee schedule. Effective December 1, 2013, the docketing fee for filing an appeal or original proceeding will increase to $505 from $450. The filing fee will be $500 for Petitions for Review and other original proceedings which require a fee. The record retrieval fee for archived materials will increase on the same date to $64 from $53.

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