News & Analysis as of

Appellate Briefs Federal Rules of Appellate Procedure

Fox Rothschild LLP

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

Fox Rothschild LLP on

It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

Fox Rothschild LLP

AI And The FLSA: (Maybe) Never The Twain Shall Meet!

Fox Rothschild LLP on

There has been a great deal of controversy about the use of Artificial Intelligence (AI) in all facets of life and now the legal field. My own firm has certain very restrictive rules about lawyers using AI, especially when...more

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

Carlton Fields on

We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief. We initially looked at decisions addressing the burden on a party to...more

Oberheiden P.C.

Ten Strategies for Criminal Appeals with Federal Appeals Attorney Nick Oberheiden

Oberheiden P.C. on

If you need to appeal the outcome of your federal criminal case, you have lots of factors to consider. While there are a variety of grounds for pursuing appeals, not all grounds are available in all cases; and, even if you...more

Carlton Fields

Properly Joining in a Co-Party’s Brief or Motion to Avoid Waiver Issues: Further Considerations for Fact-Specific Arguments

Carlton Fields on

We previously wrote about the requirements for joining in a co-party’s brief or motion to avoid waiver issues. Since our original post, federal appellate courts have continued to hold that a party who seeks to adopt the...more

Ward and Smith, P.A.

Making Your Case: Strategies for Briefing in the Supreme Court of North Carolina

Ward and Smith, P.A. on

Appellate practice can be challenging - In complicated cases, it's made all the more challenging by the word limits often imposed by the pertinent rules of procedure. For example, in the North Carolina Court of Appeals,...more

Kilpatrick

Legal Writing: Font Requirements Across the Country

Kilpatrick on

Two months ago, on March 16, the D.C. Circuit issued a notice on “Preferred Typefaces for Briefs,” in which the court explicitly “discourage[d] the use of Garamond” because it “appears smaller” and is less “legible” than...more

Morrison & Foerster LLP - Federal Circuitry

Starting 2021 With a Tip

We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is...more

McDermott Will & Emery

Fiesta’s Over for Trademark Claims Without Proof of Secondary Meaning

The US Court of Appeals for the First Circuit found that it had jurisdiction despite an arguably improper notice of appeal, and that the trademark owner waived its right to submit new evidence and failed to prove that the...more

Jaburg Wilk

What Exactly is That Rule About Unpublished Decisions and Can’t We Cite Them Now?

Jaburg Wilk on

For writers of any legal briefs, there is hardly anything more frustrating than finally finding a case on point, in our jurisdiction, with a “correct” holding to support our argument, but unpublished. More than 85% of the...more

Robins Kaplan LLP

New Lower Word Limits for Briefs Have Arrived at Most (But Not All) Federal Courts of Appeal

Robins Kaplan LLP on

On December 1, 2016, a set of rule amendments to the Federal Rules of Appellate Procedure became effective. The amended rules and details of the amendments can be found on the Eighth Circuit’s webpage, available at...more

Butler Snow LLP

Pithy Briefs to Become Procedural Mandate: The FRAP 32 Limit Loses 1,000 Words

Butler Snow LLP on

Federal Rule of Appellate Procedure 32 currently restricts principal briefs to 14,000 words apiece, but that limit will soon diminish to 13,000. For non-lawyers such a change may seem inconsequential. After all, as the...more

Proskauer - Minding Your Business

New Word Limits For Federal Appellate Briefs: How Low Is Too Low?

Several amendments to the Federal Rules of Appellate Procedure are scheduled to take effect on December 1, and one of those amendments is causing consternation among appellate practitioners: a 1000-word reduction in the word...more

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