Bar News - July 7, 2006
First Circuit Court of Appeals Notices
NOTICE OF FINAL AMENDMENT TO INTERNAL OPERATING
On April 10, 2006, this court amended Internal Operating Procedure III, on an immediate basis, to take account of the increased fee for docketing a case on appeal or review, or docketing any other proceeding, in a court of appeals. At the same time, the court solicited comments. No comments were received.
The court hereby provides notice of the final adoption of the amendments made on April 10, 2006. A copy of Internal Operating Procedure III, with the amendments incorporated, is attached.
June 20, 2006
Richard Cushing Donovan
Internal Operating Procedure III. Initial Procedures
A. Appeals, Petitions for Review and Fees. In cases appealed from the district court, the notice of appeal is filed in the district court in accordance with the Fed. R. App. P. and the combined docketing and filing fees are paid to the district court clerk. In administrative agency cases and petitions for mandamus, the docketing fee is paid to the Clerk of the Court of Appeals at the time the petition is filed in the Court of Appeals. The relevant fees can be found in the Schedule of Fees posted on this court’s website at www.ca1.uscourts.gov.
NOTICE OF FINAL AMENDMENT TO LOCAL RULE 28
On April 10, 2006, this court amended Local Rule 28, on an immediate basis, to clarify the court’s expectations as to the content of addendum to briefs. At the same time, the court solicited comments. No comments were received.
The court hereby provides notice of the final adoption of the amendments made on April 10, 2006. A copy of Local Rule 28, with the amendments incorporated, is attached.
June 20, 2006
Richard Cushing Donovan
Local Rule 28. Addendum to Briefs Required
(a) Contents. In addition to the requirements of FRAP 28, for the court’s convenience, the brief of the appellant must include an addendum containing the following items:
(1) The judgments, rulings or orders appealed from and any supporting opinions,
memoranda, or statements of reasons, including but not limited to:
(A) in cases where the district court adopts a magistrate judge’s report and recommendation, the report and recommendation should be included in addition to the order adopting it;
(B) in cases where the district court reviewed an agency decision, the agency decision should be included as well as the district court order or opinion; and
(C) in immigration cases, the Immigration Judge’s decision should be included in addition to the Board of Immigration Appeals decision.
(2) The portions of any instructions to the jury which are the subject of appeal;
(3) Pertinent portions of any document in the record that is the subject of an issue on appeal; and
(4) Other items or short excerpts from the record, if any, considered necessary for understanding the specific issues on appeal.
(b) Form. The addendum must be limited to 20 pages (exclusive of the items identified in subsection (a)(1)) and shall be bound at the rear of the appellant’s brief. The addendum must begin with a table of contents identifying the page at which each part begins.
(1) The appellee’s brief may include such an addendum to incorporate materials omitted from the appellant’s addendum, subject to the same limitations on length and content.
(2) Material included in the addendum need not be reproduced in the appendix also.
(c) Sealed Items. Notwithstanding the above, sealed or non-public items — including a presentence investigation report or statement of reasons in a judgment of criminal conviction —should not be included in a public addendum. Rather, where sealed items are to be included, they should be filed in a separate, sealed addendum.