Lawyers e-Journal

Thursday, Mar. 1, 2007

U.S. Court of Appeals rule changes and proposed rule changes

The United States Court of Appeals for the First Circuit has adopted a rule change to the form and content requirements of Local Rule 28. Effective immediately, in addition to the requirements of Fed. R. App. P. 28, the brief of the appellant must include an addendum containing the judgments, decisions, rulings or orders appealed from, including any supporting explanation, such as a written or transcript opinion. Where the district court or agency whose decision is under review was itself reviewing or acting upon the decision of a lower-level decision-maker, that lower level decision must be included as well.

Click here for the full text of amended Local Rule 28.

In addition, the court is seeking comment on proposed Local Rule 39.0, “Taxation of Reproduction Costs.” Click here for the text of the proposed rule.

The proposed rule merely codifies current court practice which, in recent years, has provided notification to the parties in an "instruction" sheet. Current Local Rule 39 ("Fee Applications") would be re-numbered as Local Rule 39.1.

The Court of Appeals invites public comments on the proposed amendment. Comments should be received by Monday, March 19, and addressed to:

Office of the Clerk
U.S. Court of Appeals for the First Circuit
John Joseph Moakley United States Courthouse
1 Courthouse Way, Suite 2500
Boston, MA 02210

Finally, the clerk has adjusted the maximum rates at which costs may be taxed. The schedule of maximum rates at which costs may be taxed is posted on the “Forms & Notices" page of the court's Web site at www.ca1.uscourts.gov.

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