Lawyers e-Journal

Thursday, Oct. 8, 2009
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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Finally, the court provides notice of the deletion of Local Rule 22.0, an outdated provision regarding certificates of probable cause.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.

 

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