Lawyers e-Journal
Thursday, Oct. 8, 2009
News from the Courts
Notice of proposed amendments to local rules and internal operating procedures
Notice of proposed amendments to
local rules
The U.S. Court of Appeals for the First Circuit hereby provides
notice that it proposes minor amendments to Local Rules 3.0(a)(3)
and (b), 10.0(a) and (d), 32.4, 33.0(a)(1), 35.0(d), 40.0(b), and
45.0(a) and (c). The amendments are made to maintain consistency
with time-computation amendments to the Federal Rules of Appellate
Procedure effective Dec. 1.
The court also provides notice of amendments to Local Rules 22.1,
22.2, and 48.0(c)(1), addressing certificates of appealability.
These amendments are necessary to maintain consistency with
amendments to Rule 11 of the Rules Governing Proceedings under §
2254 or § 2255, and related amendments to Fed. R. App. P. 22(b)(1),
effective Dec. 1. As amended, Rule 11 requires the district judge
to rule on the certificate of appealability when a final order
issues.
Finally, the court provides notice of the deletion of Local Rule
22.0, an outdated provision regarding certificates of probable
cause. The provision is no longer necessary as certificates of
appealability have replaced certificates of probable cause for
habeas appeals initiated on or after April 24, 1996.
Click here to view the amendments to local
rules.
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Notice of proposed amendments to
internal operating procedures
The United States Court of Appeals for the First Circuit hereby
provides notice that it proposes amendments to Internal Operating
Procedures III.B and VI.D. The amendments are made to be consistent
with the time-computation amendments to the Federal Rules of
Appellate Procedure effective Dec. 1.
Click here to view the amendments to internal
operating procedures.