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Comments to Proposed Tenth Circuit Rules Accepted Through Oct. 23

By Robyn Hagan Cain on September 01, 2011 1:09 PM

The Tenth Circuit Court of Appeals is accepting comments in response to five proposed changes to the Tenth Circuit rules until Sunday, October 23, 2011.

Comments on the proposed changes may be emailed to Interested parties are also invited to call the office of the Clerk with any questions they may have. That number is 303-844-3157.

The proposed changes are summarized below.

  • 10th Cir. R. 22.1 and 22.2(certificates of appealability and procedures in death penalty cases). Federal Rule of Appellate Procedure 5 outlines the process for filing petitions for permission to appeal. The proposed addition to the local rule addresses reply briefs, which were not addressed previously. Proposed local rule 5.1 allows parties to file a reply in these cases upon motion to the court.
  • 10th Cir. R. 22.1 and 22.2 (certificates of appealability and procedures in death penalty cases). These proposals include changes to Rule 22.1(A), Rules 22.2(B) and (C) plus the elimination of Rules 22.2(D) and (E)). The proposed changes are in the nature of language updates, but are extensive. The proposed changes are necessary to conform the local rules to the current practices of the court.
  • 10th Cir. R. 28.2(C)(6) (proposed new rule re: glossary of terms). This proposed rule requires parties to include a glossary of terms in briefs which are acronym-intensive. The proposed rule speaks specifically to agency proceedings.
  • 10th Cir. R. 29.1 (proposed addition re: page limits for amicus briefs on rehearing).This proposed local rule would make, with respect to page limits, amicus briefs on rehearing consistent with principal amicus briefs filed per Fed. R. App. P. 29.
  • 10th Cir. R. 46.3(A) (prerequisites for filing a motion to withdraw in a criminal case). The court's current local rule requires counsel to perfect the appeal in a criminal case prior to filing a motion to withdraw. Perfecting the appeal includes filing a designation of record and transcript order form (or notice that no transcript is necessary), along with the entry of appearance and docketing statement. The proposed change will allow counsel to file a motion to withdraw following submission of an entry of appearance and docketing statement (only). There will no longer be a requirement to perfect the appeal before filing the motion.

The Tenth Circuit Court of Appeals has provided a full, redline version of the rules with the proposed changes on its website.

A final version of the rules will be posted on the court's website on or around November 21, 2011. The new Tenth Circuit rules are scheduled to take effect on January 1, 2012.

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