Monday, January 31, 2011

Comments on FRAP 28

Judge Jeffrey S. Sutton, Chair of the Federal Appellate Rules Advisory Committee,has asked the for comments on a proposal to repeal or amend Rule 28(a)(6) of the Federal Rules of Appellate Procedure. The rule requires the appellant's brief to include a "statement of the case briefly indicating the nature of the case, the course of proceedings, and the disposition below." This requirement was added in 1998. Before that, the rule 28 required a statement of the case that included both the procedural history and the relevant facts. We understand that Judge Sutton is concerned that some lawyers unnecessarily repeat some of the same material in the statement of the case, the jurisdictional statement, and the statement of facts. He is also reportedly concerned that some lawyers include unnecessary procedural details that have no bearing on the appeal.  If you have any comments on this proposal, please email them to Steven Finell, Chair, Council of Appellate Lawyers Rules Committee. You can reach him at Finell [at]

Hat tip to Susan Hanley Duncan, Associate Professor of Law at the Louis D. Brandeis School of Law of the University of Louisville


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