FRAP Rule Amendment: You now have 21 days, up from 14 days, to file a Reply Brief in Federal Court
On December 1, 2018, the Federal Rules of Appellate Procedure adopted Amendments to Appellate Rules 8, 11, 25, 26, 28.1, 29, 31, 39, and 41. Significantly, the Amendments to Fed. R. App. P. 28.1 and 31 increase the time for filing reply briefs in appeals and cross-appeals from 14 days to 21 days. Certain Circuit Courts of the U.S. Court of Appeals have further clarified their adoption of the Amendments to Fed. R. App. P. 28.1 and 31 as they relate to their Local Rules.
Fourth Circuit: Briefing orders issued on and after December 1, 2018, in civil and agency cases will reflect the 21-day reply brief period. For civil and agency cases in which the briefing order was issued before December 1, 2018, the 14-day reply brief period applies. In criminal cases, the briefing schedule is governed by Local Rule 31(a), which establishes a 10-day reply brief period. Read more here.
Eleventh Circuit: 11th Cir. R. 28.1-2 and 11th Cir. R. 31-1(a) have been amended to state that a party has 21 days, previously 14 days, to file a reply brief in appeals and cross-appeals. Read more here.
If you have any questions regarding the Amendments to the Federal Rules of Appellate Procedure or wish to file a federal appeal, please contact AppealTech at 212-213-3222 or at [email protected]
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