In an effort to streamline the processing of appeals and improve efficiency, the U.S. Court of Appeals for the Second Circuit is conducting a sweeping revision of its local rules. The changes, which cover everything from the scheduling for briefing appeals to the handling of certificates of appealability, are being put before the bar for a comment period that ends on Nov. 16. The court would then consider making revisions based on attorney comments, and the rules would go into effect Jan. 1.
Chief Judge Dennis Jacobs said yesterday that in some places, the rules were internally inconsistent as well as conflicting with Federal Rules of Appellate Procedure. “The scheduling of briefing and argument has over the years become ad hoc and I think that has caused a lot of wasted time and motion,” Judge Jacobs said. “People ought to know where they stand and what is due. We need realistic deadlines and those deadlines can now be enforced because they really are realistic and everyone will know what they are.”
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