Overview of December 2016 Federal Rule Amendments | Practical Law

Overview of December 2016 Federal Rule Amendments | Practical Law

A Legal Update summarizing the December 1, 2016 amendments to the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Appellate Procedure (FRAP).

Overview of December 2016 Federal Rule Amendments

Practical Law Legal Update w-003-8591 (Approx. 5 pages)

Overview of December 2016 Federal Rule Amendments

by Practical Law Litigation
Law stated as of 01 Dec 2016 • USA (National/Federal)
A Legal Update summarizing the December 1, 2016 amendments to the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Appellate Procedure (FRAP).
Significant amendments to the FRCP and FRAP became effective on December 1, 2016. The amendments significantly impact certain aspects of federal civil practice by, among other things:
  • Modifying the three-day rule, so that parties receiving a document by electronic service no longer may add three days to a response time calculated from the date of service.
  • Clarifying that untimely post-judgment motions made outside the FRCP's deadlines do not restart the time to appeal.
  • Altering some of the default length limits for briefs, motions, and other documents filed in the US Courts of Appeals.
This table summarizes the December 1, 2016 amendments. For more on the amendments, see Legal Updates:
Rule
Amendment
FRCP 4(m) (serving corporations in a foreign country)
  • Clarifies that the 90-day time limit for serving process does not apply to service abroad on corporations, partnerships, and associations.
FRCP 6(d) (three-day rule)
  • Parties receiving a document by electronic service no longer may add three days to a response time calculated from the date of service.
FRAP 4(a)(4) (effect of post-judgment motions on time to appeal)
  • Clarifies that untimely post-judgment motions made outside the FRCP's deadlines do not restart the time to appeal.
FRAP 4(c) (inmate notice of appeal)
  • Clarifies and streamlines rules on when an inmate's notice of appeal is timely.     
FRAP 5(c) (length of petitions for permission to appeal)
  • When prepared using a computer, petitions for permission to appeal may not exceed 5,200 words.
FRAP 21(d) (length of writs of mandamus and prohibition)
  • When prepared using a computer, writs of mandamus and prohibition and other extraordinary writs may not exceed 7,800 words.
FRAP 25(a)(2)(C) (inmate filing and service rules)
  • Clarifies and streamlines rules on when inmate filings are timely.   
FRAP 26(c) (three-day rule)
  • Parties receiving a document by electronic service no longer may add three days to a response time calculated from the date of service.
FRAP 27(d) (length of motions)
When prepared using a computer:
  • Motions and motion responses may not exceed 5,200 words.
  • Motion replies may not exceed 2,600 words.
FRAP 28.1(e) (length of briefs on cross-appeal)
When using the word count option:
  • The appellant's principal brief may not exceed 13,000 words. 
  • The appellee's principal and response brief may not exceed 15,300 words.
  • The appellant's response and reply brief may not exceed 13,000 words.
  • The appellee's reply brief may not exceed 6,500 words.
FRAP 29(a)(5) (length of amicus briefs)
  • When using the word count option, an amicus curiae brief may not exceed 6,500 words.
FRAP 29(b) (amicus filings in connection with rehearing)
  • An amicus supporting a petition for panel rehearing or rehearing en banc (or supporting neither party) must file its brief and any required motion within seven days after the petition is filed.
  • An amicus opposing a rehearing petition must file its brief and any required motion no later than the date that the court sets for the response.
  • Amicus filings in connection with rehearing petitions may not exceed 2,600 words.
FRAP 32(a) (length of appellate briefs)
When using the word count option:
  • A party's principal brief may not exceed 13,000 words.
  • A reply brief may not exceed 6,500 words.
FRAP 32(e) (local variation of length limits)
  • Clarifies a court's ability (by local rule or order) to modify the default length limits for briefs, motions, and other documents filed.
FRAP 32(f) (items excluded from length limits)
  • Provides a uniform list of items excluded from the FRAP's length computations.
  • Adds a filing's signature block to the list of items excluded from the FRAP's length computations.
FRAP 32(g) (certificates of compliance)
  • Requires certificates of compliance for all filings with type-volume limits, other than notices of supplemental authorities submitted under FRAP 28(j).
FRAP 35(b) (length of petitions for rehearing en banc)
  • When prepared using a computer, petitions for hearing or rehearing en banc may not exceed 3,900 words. 
FRAP 40(b) (length of petitions for panel rehearing)
  • When prepared using a computer, petitions for panel rehearing may not exceed 3,900 words.
FRAP Form 1 (notice of appeal)
  • Revised to alert inmate filers to existence of new Form 7.
FRAP Form 5 (notice of appeal)
  • Revised to alert inmate filers to existence of new Form 7.
FRAP Form 6 (certificate of compliance with type-volume limits)
  • Revised to reflect new length limits for briefs, motions, and other documents filed in the Federal Courts of Appeals.
FRAP Form 7 (declaration of inmate filing)
  • Sample declaration showing that an inmate filer timely deposited a court filing in an institution's legal mail system and prepaid postage.   
FRAP Appendix
  • Summarizes the FRAP's length limits for briefs, motions, and other documents filed in the Federal Courts of Appeals.