Third Circuit issues notice on new FRAP word limits

The Third Circuit today posted a notice to counsel on the court’s website addressing the new, shorter word limits for appellate briefs as well as other changes to the Federal Rules of Appellate Procedure.

The notice explains that all briefs filed after December 1 must comply with the new limits, except that appellee and reply briefs (but not motions or other non-brief filings) can use the old limits if the appellant’s brief was filed before December 1. The notice also includes this notable passage (hyperlink added):

The Court has reviewed the standing order of January 9, 2012 which discourages motions to exceed the word limits. The Court has determined that insofar as the order provides for granting a motion for excess words in extraordinary circumstances such as complex multi-party cases or when “the subject matter clearly requires expansion of the word limits” the order is in harmony with the comment to Rule 32 and will remain in force.

The notice also highlights two other key FRAP changes:

  • “Rule 4(a)(4) … clarifies that a motion listed in the Rule that is made after the time allowed by the Civil Rules will not toll the time for appeal,” and
  • “Rule 26(c) … ‘is amended to remove service by electronic means under Rule 25(c)(1)(D) from the modes of service that allow 3 added days to act after being served.'”

The notice states: “The full report and text of the Amendments are posted on the Court’s website. Counsel should read and become familiar with the changes to the Rules.” Sound advice.