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DC Circuit Court of Appeals Adopts Amended Circuit Rule 35

By Robyn Hagan Cain on December 01, 2011 | Last updated on March 21, 2019

The D.C. Circuit Court of Appeals issued a final notice this week announcing the adoption of amendments to Circuit Rule 35. The amendments will become effective on December 1, 2011.

The amendments affect the time limits for filing a petition for panel or en banc rehearing to conform to Federal Rule of Appellate Procedure 40.

In compliance with the D.C. Circuit's local rules, the court published the proposed amendment for public comment in September. No comments were received.

The newly-adopted version of Circuit Rule 35 states: In all cases in which a party is one of those listed in FRAP 40(a)(1)(A)-(D), the time within which any party may seek panel rehearing or rehearing en banc is 45 days after entry of judgment or other form of decision.

In all other cases, any petition for panel rehearing or petition for rehearing en banc must be filed within 30 days after entry of judgment or other form of decision. The time for filing a petition for panel rehearing or rehearing en banc will not be extended except for good cause shown.

The new FRAP 40(a)(1)(A)-(D) explains which parties can file a notice of appeal within 60 days after the entry of judgment or order. The old rule simply stated that the 60-day notice period applied to matters in which the "United States or its officer or agency is a party." The new rule specifically defines the parties as:

  • The United States
  • A United States agency
  • A United States officer of employee sued in an official capacity; or
  • A current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf - including all instances in which the United States represents that person when the court of appeals' judgment is entered or filed the petition for that person.

The amended Circuit Rule 35 isn't the only new addition to the court this week. The D.C. Circuit Court of Appeals also unveiled a shiny new website design. While the new design easily takes the award for best circuit website, you will probably need to spend a few minutes clicking around the site to adjust to the new format.

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