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Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.
Showing posts with label rules. Show all posts
Showing posts with label rules. Show all posts

Thursday, December 1, 2016

Amendments to the Federal Rules of Appellate Procedure Go into Force Today

Amendments to the federal rules of appellate procedure go into force today. This is a link to the rule changes. The most important changes will be to reducing word counts in briefs.

I feel forced to copy this here, because I don't know how long the Fifth Circuit's guidance about reducing word count and cases in briefing will be on the front of their web site.

Guidance regarding reduced word count and cases in briefing.

Reduced word counts became effective December 1, 2016, pursuant to changes to the Federal Rules of Appellate Procedure. To ensure fairness to parties, for cases in briefing where an appellant filed a brief before December 1, 2016, and an appellee's brief will be due on or after December 1, 2016, the appellee's brief may use the former (greater) word count limitation, if necessary.  As the court continues to consider possible changes with respect to new word count limitations, counsel are invited to review Fifth Circuit Circuit Rule 32.4.

Fifth Circuit miscellaneous fees are going up.

Wednesday, October 14, 2015

Possibly Coming Soon to a Texas Criminal Trial Court Clerk Near You- E-filing in Criminal Cases!

Rules governing electronic filing in Texas criminal cases have been finally approved. A clerk may implement criminal case electronic filing in that clerk’s office when that clerk has the written consent of a majority of the judges in the county who have jurisdiction in criminal cases and who are served by that clerk. Appellate courts generally require e-filing for documents filed by attorneys in criminal matters, so these new rules apply to trial courts. Under these rules, e-filing may not be the exclusive manner of filing documents; paper filing must still be allowed (i.e. the kind of filing done presently). Charging instruments cannot be e-filed; they must be paper-filed. Otherwise, the e-filing is similar to that in civil cases, viz. no in camera material, no material under seal or proposed to be under seal, no sensitive information.
New rule 1.04(b) does not appear to be harmonized with Texas Civil Practice and Remedies Code Annotated section 132.001 (West Supp. 2015). It appears to me that a statute trumps a supreme court administrative rule.

Wednesday, December 4, 2013

Federal Fifth Circuit Combines Statements of the Case and of Facts and Standardizes Record References for Automation

The United States Court of Appeals for the Fifth Circuit adopted proposed rule changes that combine statements of the case and statements of facts in briefs into a single statement of the case. They also standardized record references in briefs so that the references would automatically hyperlink to the record. These changes took effect December 1. The Fifth Circuit is the federal appeals court for Texas, Louisiana, and Mississippi.

Wednesday, July 24, 2013

July 1, 2013 Is When the New SCOTUS Rules Went into Effect

The new rules of the Supreme Court of the United States took effect July 1, 2013. Don't forget to check for changes if you have business with them.