Federal Rules of Appellate Procedure 2014-2015, 2014a

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are within the undertaking of the appeal bond. They are made taxable in the district court for general convenience. Taxation of the cost of the reporter's transcript is specifically authorized by 28 U.S.C. §1920, but in the absence of a rule some district courts have held themselves without authority to tax the cost (Perlman v. Feldmann, 116 F.Supp. 102 (D.Conn., 1953); Firtag v. Gendleman, 152 F.Supp. 226 (D.D.C., 1957); Todd Atlantic Shipyards Corps. v. The Southport, 100 F.Supp. 763 (E.D.S.C., 1951). Provision for taxation of the cost of premiums paid for supersedeas bonds is common in the local rules of district courts and the practice is established in the Second, Seventh, and Ninth Circuits. Berner v. British Commonwealth Pacific Air Lines, Ltd., 362 F.2d 799 (2d Cir. 1966); Land Oberoesterreich v. Gude, 93 F.2d 292 (2d Cir., 1937); In re Northern Ind. Oil Co., 192 F.2d 139 (7th Cir., 1951); Lunn v. F. W. Woolworth, 210 F.2d 159 (9th Cir., 1954). Notes of Advisory Committee on Rules—1979 Amendment Subdivision (c). The proposed amendment would permit variations among the circuits in regulating the maximum rates taxable as costs for printing or otherwise reproducing briefs, appendices, and copies of records authorized by Rule 30(f). The present rule has had a different effect in different circuits depending upon the size of the circuit, the location of the clerk's office, and the location of other cities. As a consequence there was a growing sense that strict adherence to the rule produces some unfairness in some of the circuits and the matter should be made subject to local rule. Subdivision (d). The present rule makes no provision for objections to a bill of costs. The proposed amendment would allow 10 days for such objections. Cf. Rule 54(d) of the F.R.C.P. It provides further that the mandate shall not be delayed for taxation of costs. Notes of Advisory Committee on Rules—1986 Amendment The amendment to subdivision (c) is intended to increase the degree of control exercised by the courts of appeals over rates for printing and copying recoverable as costs. It further requires the courts of appeals to encourage cost-consciousness by requiring that, in fixing the rate, the court consider the most economical methods of printing and copying. The amendment to subdivision (d) is technical. No substantive change is intended. Committee Notes on Rules—1998 Amendment The language and organization of the rule are amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only. All references to the cost of "printing" have been deleted from subdivision (c) because commercial printing is so rarely used for preparation of documents filed with a court of appeals. Committee Notes on Rules—2009 Amendment Subdivision (d)(2). The time set in the former rule at 10 days has been revised to 14 days. See the Note to Rule 26. Rule 40. Petition for Panel Rehearing
(a) Time to File; Contents; Answer; Action by the Court if Granted. (1) Time. Unless the time is shortened or extended by order or local rule, a petition for panel rehearing may be filed within 14 days after entry of judgment. But in a civil case, unless an order shortens or extends the time, the petition may be filed by any party within 45 days after entry of judgment if one of the parties is: (A) the United States; (B) a United States agency; (C) a United States officer or employee sued in an official capacity; or (D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf—including all instances in which the United States represents that person when the court of appeals' judgment is entered or files the petition for that person. (2) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. Oral argument is not permitted. (3) Answer. Unless the court requests, no answer to a petition for panel rehearing is permitted. But ordinarily rehearing will not be granted in the absence of such a request. (4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following: (A) make a final disposition of the case without reargument; (B) restore the case to the calendar for reargument or resubmission; or (C) issue any other appropriate order. (b) Form of Petition; Length. The petition must comply in form with Rule 32. Copies must be served and filed as Rule 31 prescribes. Unless the court permits or a local rule provides otherwise, a petition for panel rehearing must not exceed 15 pages. (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Rules—1967 This is the usual rule among the circuits, except that the express prohibition against filing a reply to the petition is found only in the rules of the Fourth, Sixth and Eighth Circuits (it is also contained in Supreme Court Rule 58(3)). It is included to save time and expense to the party victorious on appeal. In the very rare instances in which a reply is useful, the court will ask for it. Notes of Advisory Committee on Rules—1979 Amendment Subdivision (a). The Standing Committee added to the first sentence of Rule 40(a) the words "or by local rule," to conform to current practice in the circuits. The Standing Committee believes the change noncontroversial. Subdivision (b). The proposed amendment would eliminate the distinction drawn in the present rule between printed briefs and those duplicated from typewritten pages in fixing their
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Federal Rules of Appellate Procedur
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Rule 25. Filing and Service .......
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Notices This work is licensed and p
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12. Docketing the Appeal; Filing a
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(2) When these rules provide for fi
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On its own or a party's motion, a c
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(1) The district clerk must serve n
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late payment. Notes of Advisory Com
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change is made to eliminate the unc
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(7) Entry Defined. (A) A judgment o
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under the present provisions of FRC
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time has run, the district court ma
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Paragraph (a)(4) is also amended to
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if the Rule 60 motion is filed no l
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Subdivision (a)(5)(A)(ii). Rule 4(a
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F.3d 1247, 1253 n.4 (6th Cir. 1997)
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This introductory clause was confus
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the court is authorized to reopen t
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circumstances where the ruling on t
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1988—Subd. (b). Pub. L. 100-690 i
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Supreme Court has power to prescrib
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(A) Motion for Rehearing. (i) If a
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unnecessary material. The proceedin
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(D) A motion under this Rule 8(a)(2
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district-court order regarding rele
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understood. In addition to changes
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eporter a written order for the tra
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(e) Retaining the Record by Court O
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amendment requires transmission "fo
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the Note to Rule 26. Rule 12.1. Rem
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As published for comment, the secon
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is rendered. In the interest of fix
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Intervention (a) Petition for Revie
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Subdivision (e). The amendment adds
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also permits the parties to stipula
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The deletion of the words "in whole
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y order in a particular case. (As a
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(a) Application for the Original Wr
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Subdivision (b)(1). The requirement
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"continues in effect." The new lang
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The amendments to Rule 24(a) are te
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TITLE VII. GENERAL PROVISIONS Rule
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provision in present rules is for s
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e served in a different city, state
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Changes Made After Publication and
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(B) for electronic filing in the co
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Monday. Friday, Saturday, and Sunda
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when the clerk's office is inaccess
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forward-looking period and backward
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subdivision (a). Subdivison [sic] (
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Page 110 and 111: (3) the statement of the case; and
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Page 122 and 123: person—other than the amicus curi
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Page 128 and 129: Subdivision (c). When a deferred ap
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Page 132 and 133: (3) When necessary to facilitate in
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Page 138 and 139: must follow in making that determin
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Page 146 and 147: petition for rehearing en banc. The
Page 148 and 149: (a) Entry. A judgment is entered wh
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Page 168 and 169: These changes are intended to be st
Page 170: Notice is hereby given that ______(
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Page 179: Changes Made After Publication and
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