home *** CD-ROM | disk | FTP | other *** search
-
-
-
-
-
- April 27, 1995
-
-
-
-
-
-
-
-
- Dear Mr. President:
-
- By direction of the Supreme Court of the United
- States, I have the honor to submit to the Congress the
- amendments to the Federal Rules of Appellate Procedure
- that have been adopted by the Supreme Court of the United
- States pursuant to Section 2072 of Title 28, United
- States Code. To maintain uniformity between revised and
- unrevised Rules, the Court has edited the amendments
- transmitted to the Supreme Court by the Judicial
- Conference of the United States to use the word "shall"
- in a consistent manner.
-
- The rules are accompanied by an excerpt from the
- report of the Judicial Conference of the United States'
- Committee on Rules of Practice and Procedure and that
- Committee's Advisory Committee Notes. In order to
- minimize confusion, a footnote noting the changes made by
- the Supreme Court has been added to the marked-up version
- of the proposed amendments that accompanies the Advisory
- Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
-
- Honorable Al Gore
- President, United States Senate
- Washington, D.C. 20510
-
-
-
-
-
-
- April 27, 1995
-
-
-
-
-
-
-
-
- Dear Mr. Speaker:
-
- By direction of the Supreme Court of the United
- States, I have the honor to submit to the Congress the
- amendments to the Federal Rules of Appellate Procedure
- that have been adopted by the Supreme Court of the United
- States pursuant to Section 2072 of Title 28, United
- States Code. To maintain uniformity between revised and
- unrevised Rules, the Court has edited the amendments
- transmitted to the Supreme Court by the Judicial
- Conference of the United States to use the word "shall"
- in a consistent manner.
-
- The rules are accompanied by an excerpt from the
- report of the Judicial Conference of the United States'
- Committee on Rules of Practice and Procedure and that
- Committee's Advisory Committee Notes. In order to
- minimize confusion, a footnote noting the changes made by
- the Supreme Court has been added to the marked-up version
- of the proposed amendments that accompanies the Advisory
- Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
-
- Honorable Newt Gingrich
- Speaker of the House of Representatives
- Washington, D.C. 20515
-
-
-
- SUPREME COURT OF THE UNITED STATES
-
- Thursday, April 27, 1995
-
-
-
-
-
-
-
-
-
-
- ORDERED:
-
- 1.That the Federal Rules of Appellate Procedure
- be, and they hereby are, amended by including therein
- amendments to Appellate Rules 4, 8, 10, and 47.
-
- [See infra., pp. .]
-
- 2.That the foregoing amendments to the Federal
- Rules of Appellate Procedure shall take effect on
- December 1, 1995, and shall govern all proceedings in
- appellate cases thereafter commenced and, insofar as just
- and practicable, all proceedings in appellate cases then
- pending.
-
- 3.That THE CHIEF JUSTICE be, and hereby is,
- authorized to transmit to the Congress the foregoing
- amendments to the Federal Rules of Appellate Procedure in
- accordance with the provisions of Section 2072 of Title
- 28, United States Code.
-
-
-
- PROPOSED AMENDMENTS
- TO THE
- FEDERAL RULES OF APPELLATE PROCEDURE
-
-
- Rule 4. Appeal as of Right - When Taken
- (a) Appeal in a Civil Case.
- * * * * *
- (4) If any party files a timely motion of a
- type specified immediately below, the time for appeal for
- all parties runs from the entry of the order disposing of the
- last such motion outstanding. This provision applies to a
- timely motion under the Federal Rules of Civil
- Procedure:
- (A) for judgment under Rule 50(b);
- (B) to amend or make additional findings of fact
- under Rule 52(b), whether or not granting the motion would
- alter the judgment;
- (C) to alter or amend the judgment under Rule 59;
-
- (D) for attorney's fees under Rule 54 if a district
- court under Rule 58 extends the time for appeal;
- (E) for a new trial under Rule 59; or
- (F) for relief under Rule 60 if the motion is filed no
- later than 10 days after the entry of judgment.
- A notice of appeal filed after announcement or entry
- of the judgment but before disposition of any of the above
- motions is ineffective to appeal from the judgment or order,
- or part thereof, specified in the notice of appeal, until the
- entry of the order disposing of the last such motion
- outstanding. Appellate review of an order disposing of any
- of the above motions requires the party, in compliance with
- Appellate Rule 3(c), to amend a previously filed notice of
- appeal. A party intending to challenge an alteration or
- amendment of the judgment shall file a notice, or amended
- notice, of appeal within the time prescribed by this Rule 4
- measured from the entry of the order disposing of the last
- such motion outstanding. No additional fees will be
- required for filing an amended notice.
- * * * * *
- Rule 8. Stay or Injunction Pending Appeal
- * * * * *
- (c) Stay in a Criminal Case.-- A stay in a criminal
- case shall be had in accordance with the provisions of Rule
- 38 of the Federal Rules of Criminal Procedure.
-
- Rule 10. The Record on Appeal
- (a) Composition of the Record on Appeal.-- The
- record on appeal consists of the original papers and exhibits
- filed in the district court, the transcript of proceedings, if
- any, and a certified copy of the docket entries prepared by
- the clerk of the district court.
-
- (b)-The Transcript of Proceedings; Duty of
- Appellant to Order; Notice to Appellee if Partial Transcript
- is Ordered.
- (1)-Within 10 days after filing the notice of appeal
- or entry of an order disposing of the last timely motion
- outstanding of a type specified in Rule 4(a)(4), whichever
- is later, the appellant shall order from the reporter a
- transcript of such parts of the proceedings not already on
- file as the appellant deems necessary, subject to local rules
- of the courts of appeals. The order shall be in writing and
- within the same period a copy shall be filed with the clerk
- of the district court. If funding is to come from the United
- States under the Criminal Justice Act, the order shall so
- state. If no such parts of the proceedings are to be ordered,
- within the same period the appellant shall file a certificate
- to that effect.
- * * * * *
-
- Rule 47. Rules of a Court of Appeals
- (a)Local Rules.
- (1)Each court of appeals acting by a
- majority of its judges in regular
- active service may, after giving
- appropriate public notice and
- opportunity for comment, make and
- amend rules governing its practice.
- A generally applicable direction to a
- party or a lawyer regarding practice
- before a court shall be in a local rule
- rather than an internal operating
- procedure or standing order. A local
- rule shall be consistent with -- but
- not duplicative of -- Acts of
- Congress and rules adopted under 28
- U.S.C. 2072 and shall conform to
- any uniform numbering system
- prescribed by the Judicial Conference
- of the United States. The clerk of
- each court of appeals shall send the
- Administrative Office of the United
- States Courts a copy of each local
- rule and internal operating procedure
- when it is promulgated or amended.
- (2)A local rule imposing a requirement
- of form shall not be enforced in a
- manner that causes a party to lose
- rights because of a nonwillful failure
- to comply with the requirement.
-
- (b)Procedure When There Is No Controlling
- Law. -- A court of appeals may regulate
- practice in a particular case in any manner
- consistent with federal law, these rules, and
- local rules of the circuit. No sanction or
- other disadvantage may be imposed for
- noncompliance with any requirement not in
- federal law, federal rules, or the local circuit
- rules unless the alleged violator has been
- furnished in the particular case with actual
- notice of the requirement.
-