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Governing Regulations

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I need to know what regulation governs a procedure in filing motions and responding  on appeal in the Circuit Courts.  Does Federal Rule of Appellate Procedure Rule 27 or does the Circuit Rule 27 govern the timeliness of response and what it may contain? 

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If when you say "Circuit Rule 27" you are referring to a Local Rule of the relevant circuit court, then I think the answer to your question is "both" -- F.R.App.27 generally controls, but the circuits have the authority to impose Local Rules and those are also binding on the litigants.  You'd have to read both rules together. 

 

Although since F.R.App.27 has some specific time periods for when responses and replies are due, I wouldn't think that those time periods could be modified by Local Rule.

 

But a Local Rule could include some particular requirements for what a motion (or a response or a reply) must contain that go beyond what F.R.App.27 requires motions (or responses or replies) to contain. By way of example, the Local Rule 27 in the circuit where I live adds a requirement that motions must indicate that opposing counsel has been notified in advance of the filing of the motion, and must also indicate whether opposing counsel consents to the relief or intends to file a response.  Those requirements, as I'm sure you know, go beyond the requirements of F.R.App.27, but are nevertheless binding on litigants in that particular Circuit Court of Appeals.

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7 hours ago, foolish said:

I need to know what regulation governs a procedure in filing motions and responding  on appeal in the Circuit Courts.  Does Federal Rule of Appellate Procedure Rule 27 or does the Circuit Rule 27 govern the timeliness of response and what it may contain? 

 

As MiddlePart noted, you need to look at both the FRAP, which applies to all the federal Courts of Appeal as well as the circuit rules, which are those rules specific to the particular circuit that will hear the appeal. It's not an issue of either one or the other. You must follow both. 

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