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Federal Rules of Appellate Procedure

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December 5, 2017

This package of materials was transmitted to the U.S. Supreme Court on October 4, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

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April 27, 2017

This package of materials was transmitted to Congress on April 27, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Amendments to the Federal Rules of Practice and Procedure are as follows:

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April 28, 2016

This package of materials was transmitted to Congress on April 28, 2016, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2016.

Amendments to the Federal Rules of Practice and Procedure are as follows:

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October 9, 2015

This package of materials was transmitted to the U.S. Supreme Court on October 9, 2015, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2016.

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April 1, 2011
Marie Leary

The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure. The report describes the variations among the circuits' rules and procedures, compares how the circuits have implemented Fed. R. App. P 39, and presents a comparative analysis of costs awards. It also offers some procedural and conclusory observations from the research.

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April 1, 2008
Marie Leary

At its Fall 2007 meeting, the Appellate Rules Advisory Committee discussed the current circuit split over whether Federal Rule of Appellate Procedure 7 authorizes the inclusion of attorney fees in a bond for costs on appeal. This item has been brought back before the Committee as it determines whether, in light of recent case law developments, to proceed with a proposed amendment approved by the Committee in 2003 which made clear that FRAP 7 bond "costs" do not include attorney fees.

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March 9, 2007
Robert Timothy Reagan

Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of appeals their unpublished opinions issued 2007 or later. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules. This document is a summary table of the federal courts of appeals' local rules on citations to their unpublished opinions issued before 2007.

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December 21, 2005
Robert Timothy Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would help the Standing Committee in its consideration of a proposed new Federal Rule of Appellate Procedure 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite the court's unpublished opinions. The Center's research effort consisted of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files.

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June 1, 2005
Tim Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

The Appellate Rules Advisory Committee has written a new Rule 32.1 which permits attorneys and courts in federal appeals in all circuits to cite unpublished opinions. At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would yield results helpful to the Standing Committee's consideration of the proposed rule.

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April 14, 2005
Tim Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

The Appellate Rules Advisory Committee has proposed a new Rule 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite unpublished opinions. At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would yield results helpful to the Standing Committee's consideration of the proposed rule.

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