AMENDMENTS TO CIRCUIT RULES &

CIRCUIT ADVISORY COMMITTEE NOTES

Effective January 1, 2009

Circuit Rule 11-4.1

Retention of Clerk’s Record in the District Court

Except as noted below, in all civil cases where excerpts of record are to be filed with the Court of Appeals pursuant to Circuit Rule 30-1, the entire clerk’s record shall be retained in the district court unless requested by the Court of Appeals.

Circuit Rule 13-3

Transmission of the Record in Tax Court Cases

The record shall be retained in the tax court unless requested by the Court of Appeals. If a judge or staff member of the Court of Appeals at any time requires the record, the judge or staff member shall, through the Clerk, request the record from the tax court. The tax court clerk shall transmit the record to the requesting judge or staff member within ten (10) days of receiving the request.

Purpose of amendments: To conform treatment of records in tax court cases to procedures governing other civil cases.

Circuit Advisory Note to Rule 27-1

(7)      Requests for judicial notice and responses thereto filed during the pendency of the case are retained for review by the panel that will consider the merits of the case. The parties may refer to the materials the request addresses with the understanding that the Court may strike such references and related arguments if it declines to grant the request.

Purpose of amendment: To memorialize existing practice and eliminate need for ministerial referral orders.

Circuit Advisory Committee Note to Rule 27-3, Emergency/Urgent Motions

(3)      Appropriate Application of Rule: The provisions of Rule 27-3 are intended to be employed in instances where the absence of a response from the court by a date certain would result in irreparable or significant harm to a party, e.g., a motion to reinstate an immigration petition where petitioner faces imminent removal or to stay enforcement of a district court order. The provisions of the rule are not intended for application to requests for procedural relief, e.g., a motion for an extension of time to file a brief.

Cross-reference: Advisory Committee Notes to Rules 31-2.2 and 32-2.

Purpose of addition: Clarify intent of rule.

Circuit Rule 27-10, Motions for Reconsideration

(a)      Filing for Reconsideration

          (1)      Orders that terminate the case 

A party seeking further consideration of an order that disposes of the entire case on the merits, terminates a case, or otherwise concludes the proceedings in this court must comply with the time limits and other requirements of FRAP 40 and Circuit Rule 40-1.

          (2)      All other orders 

Unless the time is shortened or enlarged by order of this court, a motion for clarification, modification or reconsideration of a court order that does not dispose of the entire case on the merits, terminate a case or otherwise conclude proceedings in this court must be filed within fourteen (14) days of the date of the order.

          (3)      Required showing 

A party seeking relief under this rule shall state with particularity the points of law or fact which, in the opinion of the movant, the court has overlooked or misunderstood. Changes in legal or factual circumstances which may entitle the movant to relief also shall be stated with particularity.

Purpose of amendment: To conform the time limits for motions for reconsideration of dispositive orders to the time limits governing petitions for rehearing.