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Fifth Circuit Rehearing En Banc, Miscellaneous Fees Changing

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

Changes are coming to the Fifth Circuit Court of Appeals. The Fifth Circuit is adopting a new rehearing en banc amendment and a new fee schedule.

The changes to the en banc rehearing rule were approved following a public comment period. The amended rule, Fifth Circuit Rule 41.3, states:

Effect of Granting Rehearing En Banc. Unless otherwise expressly provided, the granting of a rehearing en banc vacates the panel opinion and judgment of the court and stays the mandate. If, after voting a case en banc, the court lacks a quorum to act on the case for 30 consecutive days, the case is automatically returned to the panel, the panel opinion is reinstated as an unpublished (and hence nonprecedential) opinion, and the mandate is released. To act on a case, the en banc court must have a quorum consisting of a majority of the en banc court as defined in 28 U.S.C. § 46(c).

As we've previously mentioned, the Fifth Circuit Court of Appeals will also be raising miscellaneous fees. The Judicial Conference of the United States recently approved increases to miscellaneous fees in the federal courts. The increased fee amounts will become effective on November 1.

Yes, the cost of practicing law is going up, but it has been eight years since the Judicial Conference last increased miscellaneous fees. Here are the announced increases:

  • Record search $30 (currently $26)
  • Certification $11 (currently $9)
  • Microfiche $6 (currently $5)
  • Record retrieval $53 (currently $45)
  • Returned check fee $53 (currently $45)
  • Attorney admission fee $226 (currently $200)
  • Certificate of good standing $18 (currently $15)

For more news and information about the Fifth Circuit Court of Appeals, check out FindLaw's Fifth Circuit blog.

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