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10th Cir. Rule Changes: Fed. Rules of App. Procedure and Local Rules

By Gabriella Khorasanee, JD on December 06, 2013 | Last updated on March 21, 2019

The Rules, they are a changing. As of December 1, 2013, amendments to the Federal Rules of Appellate Procedure took effect. Not only that, but changes to the Tenth Circuit's local rules of the Tenth Circuit take effect on January 1, 2014.

Mark your calendars, and note these changes...

Federal Rules of Appellate Procedure -- December 1, 2013

The changes to the Federal Rules of Appellate Procedure ("FRAP") were changed in three primary ways: procedures for Tax Court, briefing requirements, and in forma pauperis applications.

FRAP 13, 14, and 24 update Tax Court procedures -- namely, recognizing the status of the Tax Court, and confirming procedures for interlocutory appeals under 26 U.S.C. § 7482.

Regarding the briefing requirements in FRAP 28 and 28.1, what used to be required in two separate sections -- statement of the case and statement of facts -- can now be recited in one portion of the brief.

Finally, minor changes were made to Form 4, the national in forma pauperis application.

Tenth Circuit Local Rules -- January 1, 2014

In a memo, the Tenth Circuit stated: "Every year the court reviews the rules to identify places where language can be updated for clarity and to reflect technical advances and requirements. This year several changes are proposed in this regard." Specifically, most of the changes are minimal, and deal with updating language to reflect current practices, especially with regard to digital files.

Most notably, the court has stated that except in rare instances, it will no longer be able to compensate attorneys appointed in special civil cases. Instead, the appointments will be considered full pro bono assignments.

The Tenth Circuit has made clean and redlined versions of the new rules available online for your review. If you have questions you can call the clerk's office at (303) 844-3157 or email the clerks at

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