Analysis of Briefing Requirements in the United States Courts of Appeals

Marie Leary

October 2004, 55 pages

(In Print: Available for Distribution)

The Federal Judicial Center prepared this report to assist the Judicial Conference Advisory Committee on the Federal Rules of Appellate Procedure to evaluate reported problems with and potential amendments to Rules 28 and 32 on the content and cover of briefs. The report presents information received from the thirteen courts of appeals on every local rule or practice that imposes upon briefs and brief covers requirements that are not in the national rules. The report also describes the history behind the adoption of the local requirements, the extent to which courts enforce them, as well as the courts’ plans to adopt more briefing requirements, problems courts have experienced under the current rules, and whether Rule 28 should be amended to prohibit further variations or to include additional or different briefing requirements.

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Advisory Committee on Appellate Rules

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Appellate Courts Fed. R. App. P. 28 Fed. R. App. P. 32 Federal Rules of Appellate Procedure Federal Rules of Practice and Procedure