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Amendments to the Federal Rules of Appellate Procedure

NCJ Number
130115
Date Published
1991
Length
31 pages
Annotation
This document presents U.S. Supreme Court amendments to the Federal Rules of Appellate Procedure, effective as of December 1, 1991. The rules involved are 4(a); 6; 10(c); 25(a); 26(a); 26.1(a), (b), and (h); 30(b); and 34(d).
Abstract
The amendment to Rule 4(a) will provide a limited opportunity for relief when a party does not receive timely notice of a judgment or order from the clerk of court as required by Rule 77(d) of the Federal Rules of Civil Procedure. The amendment to Rule 25(a) permits local rules that allow filing by electronic means if such means are approved by the Judicial Conference. The amendment provides that any local rules must be consistent with any standards established by the Judicial Conference. The amendment to Rule 30(b) requires a cross appellant to serve the appellant with a statement of the issues to be raised in the cross appeal. The amendment to Rule 34(d) is a conforming amendment to that of Rule 28(h). Amendments to rules 6, 10(c), 26(a), and 26.1 would correct typographical errors and are not substantive. An excerpt is included from the Report of the Judicial Conference Committee on Rules of Practice and Procedure. A memorandum of the Committee on Rules of Practice and Procedures of the U.S. Judicial Conference pertains to responses to publication in September 1989 of the preliminary draft of the proposed amendments to the Federal Rules of Appellate Procedure.