Memorandum to All Counsel RE: Local Rules 11 and 13

     [||a261e298-e978-461e-9686-1b8cfe6d0280||] An appendix to briefs prescribed by FRAP 30 is no longer required. 

See Local Rule 13.1. 

® IMPORTANT NOTICE 
  

The Court will insist on compliance with all of the requirements 

of Local Rule 13 on the form and contents of briefs, particularly 

the requirement for the inclusion in the opening briefs of a 

"Certificate of Interested Persons" and a '"Summary of Argument". 

Also, note that only seven (7) copies of briefs are now required 

in all cases, and there is a 50 page limitation regardless of the 

form of the brief.  



  

@®.... Stutes Qourt of Appel ® 

FIFTH CIRCUIT 

TEL 504-589-6514 

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

March 23, 1979 

Mr. A. FP. Summer 

Attorney General of MS. 
P.O. Box 220 

Jackson, Ms 39205 

NO. 79-1284 = DELORES NORWOOD, BET AL., vs. D.L. HARRISON, ET AL. 
  

Dear Counsel: 

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. 
THE BRIEF FOR APPELLANT IS NOW DUE WITHIN 40 DAYS FROM THIS DATE, 

See Local Rule 13 attached as to the other provisions for filing 

briefs. 

An appendix to brief prescribed by FRAP 30 is no longer needed. See 
Local Rule 13.1 for the excerpts from the record which are to be 
filed in lieu of an appendix. 

  

Enclosed is the original record for your use in preparing your brief 

and the excerpts above referred to. This record may be forwarded to 

opposing counsel at the time your brief is served so long as we are- 

informed of its transmission, or you may return the record to this 
office. Opposing counsel will be required to return the record to 

this office. 

Sincerely yours, 

EDWARD W. WADSWORTH, Clerk 

lai nl 
Deputy Clerk 
  

cc: Mr. Peter M. Stockett, Jr. 

Mr. Bill Lann Lee 

Mr. Jack Greenberg 
Mr. Fred 1L,, Banks, Jr. 

Fncl. (1 Vol.) 

 



  

MEMORANDUM TO ALL COUNSEL 

COMPLIANCE WITH RULE 13.6.1 CERTIFICATE 
REQUIREMENT FOR POSSIBLE RECUSAL OR DIS- 

QUALIFICATION OF A JUDGE 

  

Pifth Circuit Local Rule 13.6.1 prescribes: 

"Certificate of Interested Persons: A certificate 
will be furnished by counsel for all private (non- 
governmental) 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 (which 
term includes associations of persons, firms, partner- 
ships, or corporations) which have a financial interest 
in the outcome of the particular case." 

(1) Each such certificate of counsel shall list all 
persons known to counsel to be so interested, on all sides 
of the case, whether represented by counsel furnishing the 
certificate or not. 

(2) Also listed shall be all subsidiaries, conglomerates, 
affiliates, parent corporations or other identifiable legal 
entities related to the named party or parties known to counsel. 
The burden is on counsel to ascertain and certify the true 
facts to the Court. 

EDWARD W. WADSWORTH 

Clerk 

5/1/78 

 



ono STATES COURT OF appear) 
FOR THE FIFTH CIRCUIT 

  

LOCAL RULE 11. PROCEEDINGS FOR REVIEW OF ORDERS OF THE FEDERAL ENERGY 
REGULATORY COMMISSION. 

11.1 Petition for Review. Every petition for review shall specify as a 
part of its caption the number, date, and identification of the order to 
be reviewed and append the service list required be FRAP 15(c). 

  

11.2 Docketing. All petitions for review and other documents concerning 
Commission orders in the same number series (i.e., 699,699A, 699B) shall 
be assigned to the same docket in this Court. 

  

11.3 Intervention. 
  

11.3.1 Party. A party to a Commission proceeding may intervene in 
a review of the same proceeding in this Court by filing a notice of 
intervention in the docket assigned to the petition for review of 
any order entered in such proceeding. The notice shall state whether 
the intervenor is a petitioner who objects to the order or a respon- 
dent who supports the order. A notice of intervention shall confer 
petitioner or respondent status on the intervening party as to all 
proceedings in the docket. 

11.3.2 Nonparty. A person who is not a party to a Commission pro- 
ceeding who desires to intervene in a review of that proceeding in 
this Court shall file with the Clerk, and serve upon all parties to 
the proceeding, a motion for leave to intervene, The motion shall 
contain a concise statement of the interest of the moving party, 
the grounds upon which intervention is sought, and a statement why 
the interest asserted is not adequately protected by existing parties. 
Any opposition to a motion shall be filed within 10 days of service. 

  

11.4 Docketing Statement. Within 30 days of the initial petition for 
review, but not later than 10 days after the expiration of the period 
permitted for filing a petition for review, all parties filing petitions 
for review shall file a joint Docketing Statement which shall: 

  

(a) list each issue to be raised in the review, 
(b) list any other review proceeding pending as to the 

same order in any other court, and 
(c) append copies of the order to be reviewed. 

Every petitioner who files for review after a Docketing Statement 
has been filed shall specify in the petition for review any exceptions 
taken or additions to the issues listed in the Docketing Statement. 
Every party who intervenes after a Docketing Statement has been filed 
shall specify in the notice of intervention any exceptions taken to the 
issues listed in the Docketing Statement, 

11.5 Venue. Any party who raises an issue as to venue shall immediately 
move for resolution of that issue and serve a supporting memorandum there- 
with. Within 10 days of service, opposing parties may serve an opposing 
memorandum. The Court will expedite its decision of this issue. Any 
dispute as to priority of institution of proceedings in two or more courts 
of appeal will be referred to the Commission for findings of fact. 

11.6 Prehearing Conference. Ten days after the filing of a Docketing 
Statement, or 10 days after entry of an order by the Court deciding a 
venue issue, whichever is later, the Clerk may notice a prehearing con- 
ference to (1) simplify and define issues, (2) agree on an appendix and 
record, (3) assign joint briefing responsibilities and schedule briefs, 
and (4) such other matters as may aid in the disposition of the proceeding. 
Except for good cause shown, any party who petitions for review or inter- 
venes in a docket after prehearing conference has been held will be bound 
by the result of the prehearing conference. 

  

11.7 Severance. Any petitioner or respondent may move to sever parties 
or issues on a showing of prejudice. 
  

(For other provisions governing review of Administrative Agencies, Boards, 
Commissions, see FRAP 15.)  



NOTICE TO COUNSEL 

  

Attention of counsel and parties is directed to the following Local Rule 13. The most 
important provisions of this rule are: ; 

* An appendix to the briefs is no longer required. See Local Rule 13,1. 

* Briefs should contain a certificate of interested persons except in criminal 

and criminal related cases and the briefs filed by Federal and State govern- 

ments and agencies. See Local Rule 13.6.1. 

* Opening briefs must contain a summary of argument. See Local Rule 13,6.2, 

* If counsel desires oral argument, brief should contain a short statement of 

reasons why oral argument would be helpful. See Local Rule 13.6.4, 

* Principal briefs shall not exceed 50 pages, and reply briefs shall not exceed 

25 pages. See Local Rule 13.3. 

* All copies of briefs must have cover of durable quality and bound with heavy 

staples. See Local Rule 13.4. 

%.0nly 7 OTS of briefs required. See Local Rule 13.5. 

* Chronology of the Contents of Briefs. See Local Rule 13.7. 

NOTE: FRAP 31(a) governs the time for filing briefs. 

FIFTH CIRCUIT LOCAL RULE 13 

APPENDIX AND BRIEFS 

13.1 Appendix - Appeals from District Courts and the Tax Court. Appeals from district 

courts and the Tax Court ‘shall be on the original record without requirement of the 

appendix prescribed by FRAP 30. At the time of filing appellant's brief, appellant shall 

file 4 copies of the following portions of the district court record, to be bound together, 

but not in the brief: 

  

the docket sheet; 

any pretrial order; 

the judgment or interlocutory order appealed from; 

any other order or orders sought to be reviewed; and 

any supporting opinion, findings of fact or conclusions of law filed or 

delivered orally by the district court. 

Such copies shall be reproduced on white paper by any duplicating or copying process capable 

of producing a clear black image, with a cover sheet bearing the case number and style and 

captioned '"Record Excerpts" 

13.2 Appendix - Agency Review Proceedings. Petitions for review of orders of an adminis- 
trative agency, board, commission or officer shall proceed on the original record on review, 

without the requirement of the appendix prescribed by FRAP 30. 

If a certified list of documents comprising the record is filed in lieu of the formal 
record, petitioner shall obtain from the agency, board or commission a certified copy of the 

portions of the record relied upon by the parties in their briefs, to be suitable covered, 

numbered and indexed and filed within 21 days from the date of filing of respondent's brief, 

At the time of filing petitioner's brief, petitioner shall file separately 4 copies of 

any order sought to be reviewed and any supporting opinion, findings of fact or conclusions 

of law filed by the agency, board, commission or officer, 

  

13.3 Briefs - Length. Except by permission of the Court, principal briefs shall not exceed 

50 pages and reply briefs shall not exceed 25 pages, exclusive of pages containing the table 

of contents, tables of citations and any addendum containing statutes, rules, regulations, 

etc. regardless of the form of printing or reproduction used, Motions for leave to file 

briefs in excess of the page requirements of this Rule 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 0 a and such a motion will only be granted for extraordinary and compelling 
reasons. 

  

13.4 Briefs - Form. Each copy of every brief, whether produced by a commercial printing or 

duplicating firm or otherwise, must, in addition to compliance with FRAP 32, 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 between the lines of text to permit the briefs to be easily read. Within the type 
matter limitation fixed by FRAP 32, 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 [||a261e298-e978-461e-9686-1b8cfe6d0280||]