Correspondence from Clerk to Stockett Re: Rule 12 FRAP

     [||ad0ba616-2154-4a59-8f6d-a90d45f2c39d||] United States Court of Appeals 
FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK 600 CAMP STREET 
CLERK NEW ORLEANS, LA. 70130 

April 29, 1976 (504) 589-6514 

Mr, Peter M, Stockett, Jr, 
Special Assistant Attorney General 
P.O. Box 220 
Jackson, MISSISSIPPI 39205 

No. 76-1865 - DELORES NORWOOD, ETC., ET AL., - vs - D,L. HARRISON, 
SR,. WT AL, 

Dear Sir: 

Pursuant to Rule 12 of the Federal Rules of Appellate Procedure, you are hereby notified that the 

record on appeal has this day been filed. 

Your attention is called to the fact that amended Fifth Circuit Local Rule 13 reduces the time for fil- 

ing all briefs as formerly set Rule 81, FRAP. The brief for appellant is now due within 35 days 
from this date. See Local Rule 13 attached as to other times for filing briefs, for withdrawing the 

record, the requirement in civil cases of a certificate of interested parties, etc. 

Because of the strict policy of the court against granting extensions, it is important for you to re- 

quire, before authorizing the release of the record to the printer of your selection, that he guaran- 

tee you delivery of the reproduced appendix to the briefs within the time fixed by the rules. 

In addition, you are advised as follows: 

( ) Since you have already elected to defer preparation of the appendix under Rule 30(c), 

we enclose the record on appeal for your convenience in preparing your brief. This rec- 

ord should be made available to opposing counsel for use in preparing his brief and re- 

turned to this office after the appendix has been reproduced. Copy of transmittal letters 

to opposing counsel or printer should be sent to this office. 

Very truly yours, 

Ap. WADSWORTH, Clerk 

/amw 

enc. Tanats Clerk 

cc: ALL COUNSEL OF RECORD 

FPI-MI—7-14-75-3M-4049  



- 9 
FIFTH CIRCUIT LOCAL RULES 

  

NOTE: Attention of counsel and parties is directed to the following Local Rule 13 which has recently 

been revised. The important provisions of this rule are: 

® Briefs should contain a certificate of interested parties. See paragraph (a). 

® The Court encourages use of the deferred appendix. See paragraph (b). 

® No appendix is required in pauper appeals and direct criminal appeals. 

® F.R.A.P. briefing times have been shortened. See paragraph (f). 

® Court looks with disfavor on motions to file excess pages in briefs. See paragraph (g). 

® All copies of briefs must have cover of durable quality and bound with heavy staples. See para- 

graph (h). 

® Number of copies. See paragraph (i). 

® Rule 13(a) does not apply in criminal related cases. 

APPENDIX AND BRIEFS 

(a) Certificate of Counsel: A certificate will be furnished by counsel for all private (non-govern- 
mental) parties, both appellants and appellees, which shall be incorporated on the first page of each 
brief before the table of contents or index, and which shall certify a complete list of all persons, associ- 
ation of persons, firms, partnerships, or corporations which have an interest in the outcome of the 

particular case. 

This certificate shall be furnished in order that the Judges of this Court may evaluate possible 

disqualification or recusal, and shall be in form as follows: 

Number and Title of Case. 
Certificate required by Fifth Circuit Local Rule 13(a): 

The undersigned, counsel of record for ___ ee : 
certifies that the following listed party (or parties) has (have) an interest in the outcome 

of this case. These representations are made in order that Judges of this Court may evaluate 

possible disqualification or recusal pursuant to Local Rule 13 (a). 

(Here list names of all such parties and identify their connection and interest.) 

Attorney of record for eee eee 

(b) Contents of Appendix: Counsel should bear in mind the Court’s desire to minimize the cost of 

reproducing the appendix, consistent with the obligation and responsibility of the parties to reproduce 

therein all of those parts of the record which are essential to the Court’s consideration and determina- 
tion of the issues raised by the appeal. Any parts of the record which are inadvertently omitted from 
the reproduced appendix may be referred to by appropriate references to the original record. If deemed 

necessary or advisable counsel may thereafter print other needed portions or the Court may thereafter 
require additional portions to be printed. 

The Court encourages use of the deferred appendix procedure as set forth in paragraph (e) below, 

as the best known method for eliminating unnecessary expense of reproduction of the appendix. Because 
of the Court’s preference for this procedure, and in order to simplify it for the ready convenience of 

counsel and the parties, a detailed explanation of the operation thereof will be made available in a Clerk’s 

memorandum upon request. 

No appendix is required in appeals authorized to proceed in forma pauperis under Rule 24, F.R.A.P. 

or direct criminal appeals. 

(¢) Withdrawing Original Records for Reproduction: The Clerk shall, upon receipt of the original 
record, promptly notify the appealing party or his counsel in writing of his receipt of such record. With- 

in five (5) days from the date of receipt of such written notice the appellant or his counsel shall with- 
drawn the record for reproduction of the appendix in the form prescribed by Rule 32, F.R.A.P., by a print- 
er of his own selection. 

 



o® ed 
As used in this Rule the term “printer” includes an establishment capable of reproducing the record 

by any of the methods and in the form required by Rule 32, F.R.A.P. 

  

In those cases in which the parties are proceeding under Rule 30(c), F.R.A.P., wherein the briefs 

are filed prior to the reproduction of the appendix, appellant or his counsel will likewise be responsible for 

withdrawing the record for reproduction within five (5) days after appellee’s brief is served upon him. 

(d) Time for Filing Appendix: The time for filing the appendix prescribed by Rule 80(a), F.R.A.P., 
shall be the date upon which the appellant’s brief is due unless the appendix is deferred. See paragraph 
(e) below. 

(e) Deferred Appendix: If the appellant shall so elect, preparation of the appendix may be de- 
ferred in all cases until 21 days after service of the brief of the appellee. Notice of the election by the 
appellant to defer preparation of the appendix shall be filed and served by him within 10 days after 

the date on which the record is filed. If the preparation and filing of the appendix is thus deferred, the 

provisions of subdivision (b) of Rule 30 of the Federal Rules of Appellate Procedure shall apply, ex- 

cept that the designations referred to therein may be made by each party at the time his brief is 
served, and a statement of the issues presented shall be unnecessary. 

(f) Time for Filing Briefs: Pursuant to authority granted by revised Rule 31(a) of the Federal 

Rules of Appellate Procedure, the appellant shall serve and file his brief within 35 days after the date 

on which the record is filed. The appellee shall serve and file his brief within 20 days after service of 
the brief of the appellant. The appellant may serve and file a reply brief within 7 days after service of 
the brief of the appellee. 

(g) Length of Briefs: Motions for leave to file briefs in excess of the page requirements of Rule 
28(g), F.R.A.P., must be filed at least ten (10) days in advance of the due date of the brief. The Court 

looks with disfavor upon motions to exceed the page limitation and such a motion will only be granted 
for extraordinary and compelling reasons. 

(h) Form of Briefs and the Appendix: Each copy of brief and appendix, whether produced by a 
commercial printing or duplicating firm or otherwise, must, in addition to compliance with Rule 32, 

F.R.A.P., have a cover of durable quality on both front and back sides, and shall be securely bound by 
three heavy staples or other secure binding device along the left-hand margin so as to insure that the 

bound copy will not loosen or fall apart or the cover be detached by shipping and use. 

Pages of briefs produced by any printing or duplicating process must have sufficient spacing be- 
tween the lines of text to permit the briefs to be easily read. Within the type matter limitation fixed by 

Rule 32, F.R.A.P., a brief produced by the standard typographic process should contain not more than 

34 lines of text on a page with a proportionate adjustment to be made for quoted matter or footnotes. 

Briefs produced by any duplicating or copying process shall have not more than 27 lines of text, with 

appropriate adjustment to be made for single space quoted matter or footnotes. Elite, or type similar 
thereto, shall not be considered 11 point type. 

In all cases the cover of the brief must clearly indicate the name of the party on whose behalf 
the brief is being filed. 

Unless each copy of brief and appendix, in the judgment of the Clerk, conforms to this Rule and 

to all provisions of Rule 32, F.R.A.P., the Clerk in his discretion may either return nonconforming 
copies unfiled for re-filing after submission in the proper form or, in order to minimize delay, may 

have the nonconforming copies properly covered and bound, and the party filing such nonconforming 

copies shall be billed for the expense thereof. 

(i) Number of Copies: Pursuant to the authority granted by Rules 30(a) and 31(b), F.R.A.P., only 
eight copies of appendices and twenty copies of briefs and petitions for rehearing need be filed with 

the Clerk. [||ad0ba616-2154-4a59-8f6d-a90d45f2c39d||]