Tuesday, June 09, 2009

Proposed Fifth Circuit Rules Changes

The clerk's office has posted this notice of proposed amendments to the Fifth Circuit Rules. On tap this time:
1. Amendments to time deadlines to comply with the proposed December 1, 2009 amendments to the FED. R. APP. P.

2. Replacing the word “shall” with “will” to be consistent with the previous linguistic preference in the FED. R. APP. P.

3. Modifications to our attorney admissions requirements, (Rule 46.1); and an updated reference to the May 2008, 5th Circuit Judicial Misconduct Rules, in Rule 47.9.

4. Addition of rules governing electronic case filing.
The first one is probably the most significant of the bunch. The notice explains:
In December 2009, the federal rules will change the way certain time deadlines are calculated and will adopt the “days are days” approach. This means all deadlines will be measured in calendar days, rather than the current system where deadlines of less than 11 days do not count intermediate Saturdays, Sundays and holidays. As a practical matter currently a 7 day deadline provides a party at least 10 days to act. With the change in counting methodology, many deadlines have been extended in the federal rules.
The fourth change would not actually implement mandatory electro-filing. The proposed rules instead set up the framework, and direct the clerk to fill in some of the details.

Want to see how the proposed amendments would operate on the existing rules? The notice contains a handy redline.

Want to comment on the proposed amendments? You may do so in writing or electronically. The deadline is August 10, 2009.



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