Federal Rules of Appellate Procedure 2014-2015, 2014a

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forward-looking period and backward when computing a backward-looking period. If, for example, a filing is due within 10 days after an event, and the tenth day falls on Saturday, September 1, 2007, then the filing is due on Tuesday, September 4, 2007 (Monday, September 3, is Labor Day). But if a filing is due 10 days before an event, and the tenth day falls on Saturday, September 1, then the filing is due on Friday, August 31. If the clerk's office is inaccessible on August 31, then subdivision (a)(3) extends the filing deadline forward to the next accessible day that is not a Saturday, Sunday or legal holiday—no earlier than Tuesday, September 4. Subdivision (a)(6). New subdivision (a)(6) defines "legal holiday" for purposes of the Federal Rules of Appellate Procedure, including the time-computation provisions of subdivision (a). Subdivision (a)(6) continues to include within the definition of "legal holiday" days that are declared a holiday by the President or Congress. For forward-counted periods—i.e., periods that are measured after an event—subdivision (a)(6)(C) includes certain state holidays within the definition of legal holidays. However, state legal holidays are not recognized in computing backward-counted periods. For both forward-and backward-counted periods, the rule thus protects those who may be unsure of the effect of state holidays. For forward-counted deadlines, treating state holidays the same as federal holidays extends the deadline. Thus, someone who thought that the federal courts might be closed on a state holiday would be safeguarded against an inadvertent late filing. In contrast, for backward-counted deadlines, not giving state holidays the treatment of federal holidays allows filing on the state holiday itself rather than the day before. Take, for example, Monday, April 21, 2008 (Patriot's Day, a legal holiday in the relevant state). If a filing is due 14 days after an event, and the fourteenth day is April 21, then the filing is due on Tuesday, April 22 because Monday, April 21 counts as a legal holiday. But if a filing is due 14 days before an event, and the fourteenth day is April 21, the filing is due on Monday, April 21; the fact that April 21 is a state holiday does not make April 21 a legal holiday for purposes of computing this backward-counted deadline. But note that if the clerk's office is inaccessible on Monday, April 21, then subdivision (a)(3) extends the April 21 filing deadline forward to the next accessible day that is not a Saturday, Sunday or legal holiday—no earlier than Tuesday, April 22. Subdivision (c). To specify that a period should be calculated by counting all intermediate days, including weekends or holidays, the Rules formerly used the term "calendar days." Because new subdivision (a) takes a "days-are-days" approach under which all intermediate days are counted, no matter how short the period, "3 calendar days" in subdivision (c) is amended to read simply "3 days." Rule 26(c) has been amended to eliminate uncertainty about application of the 3-day rule. Civil Rule 6(e) was amended in 2004 to eliminate similar uncertainty in the Civil Rules. Under the amendment, a party that is required or permitted to act within a prescribed period should first calculate that period, without reference to the 3-day rule provided by Rule 26(c), but with reference to the other time computation provisions of the Appellate Rules. After the party has identified the date on which the prescribed period would expire but for the operation of Rule 26(c), the party should add 3 calendar days. The party must act by the third day of the extension, unless that day is a Saturday, Sunday, or legal holiday, in which case the party must act by the next day that is not a Saturday, Sunday, or legal holiday. To illustrate: A paper is served by mail on Thursday, November 1, 2007. The prescribed time to respond is 30 days. The prescribed period ends on Monday, December 3 (because the 30th day falls on a Saturday, the prescribed period extends to the following Monday). Under Rule 26(c), three calendar days are added—Tuesday, Wednesday, and Thursday—and thus the response is due
on Thursday, December 6. Changes Made After Publication and Comment. No changes were made after publication and comment, except for the style changes (described below) [omitted] which were suggested by Professor Kimble. Rule 26.1. Corporate Disclosure Statement (a) Who Must File. Any nongovernmental corporate party to a proceeding in a court of appeals must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. (b) Time for Filing; Supplemental Filing. A party must file the Rule 26.1(a) statement with the principal brief or upon filing a motion, response, petition, or answer in the court of appeals, whichever occurs first, unless a local rule requires earlier filing. Even if the statement has already been filed, the party's principal brief must include the statement before the table of contents. A party must supplement its statement whenever the information that must be disclosed under Rule 26.1(a) changes. (c) Number of Copies. If the Rule 26.1(a) statement is filed before the principal brief, or if a supplemental statement is filed, the party must file an original and 3 copies unless the court requires a different number by local rule or by order in a particular case. (As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.) Notes of Advisory Committee on Rules—1989 The purpose of this rule is to assist judges in making a determination of whether they have any interests in any of a party's related corporate entities that would disqualify the judges from hearing the appeal. The committee believes that this rule represents minimum disclosure requirements. If a Court of Appeals wishes to require additional information, a court is free to do so by local rule. However, the committee requests the courts to consider the desirability of uniformity and the burden that varying circuit rules creates on attorneys who practice in many circuits. Notes of Advisory Committee on Rules—1994 Amendment The amendment requires a party to file three copies of the disclosure statement whenever the statement is filed before the party's principal brief. Because the statement is included in each copy of the party's brief, there is no need to require the filing of additional copies at that time. A court of appeals may require the filing of a different number of copies by local rule or by order in a particular case. 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; a substantive change is made, however, in
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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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Page 74 and 75: y order in a particular case. (As a
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Page 80 and 81: "continues in effect." The new lang
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Page 86 and 87: provision in present rules is for s
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Page 92 and 93: (B) for electronic filing in the co
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Page 96 and 97: when the clerk's office is inaccess
Page 100 and 101: subdivision (a). Subdivison [sic] (
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Page 110 and 111: (3) the statement of the case; and
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Page 116 and 117: The Federal Rules of Appellate Proc
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Page 122 and 123: person—other than the amicus curi
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Page 126 and 127: two hundred pages or less. See 10 C
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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
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(a) Entry. A judgment is entered wh
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1961). The subjects of interest and
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are within the undertaking of the a
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maximum length. See Note to Rule 28
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Court order denying the petition fo
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the time to file a petition for reh
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while a proceeding is pending in th
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officer or employee thereof is not
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"Washington's Birthday," reflecting
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the United States Courts a copy of
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These changes are intended to be st
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Notice is hereby given that ______(
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Changes Made After Publication and
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Changes Made After Publication and
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Federal Rules of Appellate Procedure 2014-2015, 2014a

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