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What You Need to Know About the Proposed New Circuit Rules

By Gabriella Khorasanee, JD on June 02, 2014 | Last updated on March 21, 2019

Today the District of Columbia Court of Appeals announced proposed changes to Circuit Rules 25, 26 and 32. These rules have been a long time coming, as they are designed to replace the requirements for Case Management / Electronic Case Files (CM/ECF) system, which were adopted by Administrative Order filed on May 15, 2009. The proposed rules would incorporate the CM/ECF requirements into existing Circuit Rules.

Here's a closer look at the changes.

Rule 25

Proposed Rule 25 of the D.C. Circuit Rules deals mainly with electronic filing and service. Namely, the proposed rule provides for electronic filing of all documents, and registration for the CM/ECF system. The Rule also notes exceptions to the electronic filing requirement, and includes procedures for privacy protection. The rule also provides that registration in the CM/ECF system "constitutes consent to electronic service of all documents."

Rule 26

Proposed Rule 26 merely deals with computing and extending time, and the rule is amended to change the timing of documents served by mail, to calculate time by electronic filing. There is also relief proposed for technical failures that result in untimely filings.

Rule 32

Proposed Circuit Rule 32 deals with the form of briefs, appendices and other papers, and sets forth the requirements for electronic signatures, document formats, hyperlinks, and the length of briefs and other papers.

Opportunity for Comment

Any comments on the proposed rules must be filed within 45 days from the date of publication of the court's notice in The Daily Washington law Reporter. If you have comments, send them in writing to the following address:

Advisory Committee on Procedures
c/o Clerk of Court
United States Court of Appeals for the D.C. Circuit
333 Constitution Avenue, N.W., Room 5509
Washington, D.C. 20001

For the full text of the proposed rules visit the D.C. Circuit website.

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