RECENT APPELLATE RULE AMENDMENTS
Appellate Practice Section
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Significantly, the
Eleventh Circuit adopted
several revisions
to word and page
limitations for filings.
R
ecent amendments
to the Federal Rules
of Appellate Procedure
and the Eleventh
Circuit Court of Appeals’ rules
and internal operating procedures
focus on shortening litigation time -
lines and brief length. This article
highlights several of the rule changes
impacting appellate practitioners.
The Federal Rules of Appellate
Procedure eliminated the previous
rule allowing three extra days of
mail time for documents served
electronically under Federal Rule
of Appellate Procedure 26(c).
This amendment, which became
effective December 1, 2016,
shortens response times, which
are often already short.
Significantly, the Eleventh
Circuit adopted several revisions
to word and page limitations for
filings. The recent amendment
to Federal Rule of Appellate
Procedure 32 reduced the word
limit on opening briefs from
14,000 words to 13,000 words.
The word limit for reply briefs
was similarly reduced from 7,000
words to 6,500 words. The recent
amendments also affect word and
page limitations for petitions for
rehearing, extraordinary writs,
and motions. Leave to exceed page
and word limits may be granted
as appropriate.
The Eleventh Circuit revised the
time period for filing the required
certificate of interested persons
and corporate disclosure statement
under Eleventh Circuit Rule 26.1-1.
Previously, appellees were required
to file their disclosures 14 days
after the appellant. Now, all parties
to the case or appeal must file a
certificate and disclosure statement
within 28 days after the date the
case or appeal is docketed. This
appellee deadline applies even
if the appellant or petitioner has
not filed a certificate or disclosure.
Effective April 3, 2017, the
Eleventh Circuit supplemented the
December 2016 amendments to its
rules and operating procedures.
The court changed the deadline for
an amicus curiae to file its proposed
brief. The proposed brief must now
be filed within seven days (not 10)
of the filing of the petition being
supported. See Eleventh Circuit Rules
29-3 and 29-4. The rules regarding
sealing oral arguments was also
updated. The rule now requires
that any motion to seal argument
be filed at least five days before oral
argument, unless the court extends
the time for good cause. See Eleventh
Circuit Rules 34-4(g).
These recent amendments include
additional changes not covered in
this article, including, among others,
new requirements for withdrawing
motions and certificates of
compliance. While it is important
to consult the updates rules for
case-specific issues, hopefully this
article provides a solid basis for
understanding many of the recent
changes to appellate practice.
Author: Heather Fesnak - Akerman LLP
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