Notice; Correspondence from Clerk to Counsel; Memo from Clerk to Counsel; Notice to Counsel

     [||f660d254-d4e4-4365-b2d8-476a9a3c5fc9||] IMPORTANT NOTICE 

An appendix to briefs prescribed by FRAP 30 is nT longer required. 

See Local Rule 13.1. 

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. 

 



% * 
United States Court of Appeals 

FIFTH CIRCUIT 

  

TEL 504-588-6514 

8600 CAMP STREET 

NEW ORLEANS, LA. 70130 
EDWARD Ws WADSWORTH OFFICE OF THE CLERK 

July 5, 1979 

Mr. P. Roger Googe, Jr. 

Assistant Attorney General 
Post Office Box 220 
Jackson, Mississippi 39205 

NO. 79-2393 - DELORES NORWOOD, Eftc., .ET AL. -vs- D. i. 

HARRISON, SR., ET AL. 
  

Dear Counsel: 

Pursuant to Rule 12 of the Federal Rulés 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 

By Te Tey 
Desasy 
  

ccs Hon. A. F. Summer 

fa: Peter M. Sockett, Jr. 

Mr. Bill Lann lee 

ENCLOSED: 1 VOLUME RECORD ON APPEAL 

 



® » 
MEMORANDUM TO ALL COUNSEL 

  

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

QUALIFICATION OF A JUDGE 

  

Fifth 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 

 



% 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. 

* Only 7 copies 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 page limitation 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 

  

 



13    
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 
ll1-point type. 

Briefs produced by any duplicating process other than printing shall use only one side 
of each sheet. 

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 the brief, in the judgment of the Clerk, conforms to this Rule and 

to all provisions of FRAP 32, the Clerk in his discretion may either return nonconforming 

capies unfiled for refiling after submission in the proper form or, in order to minimize 
delay, may have the nonconforming copies properly corrected, and the party filing such non- 

conforming copies shall be billed for the expense thereof, 

13.5 Briefs - Number of Copies. Seven copies of briefs shall be filed in all cases. 
  

13.6 Briefs - Contents. ; 

13.6.1 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, associations of persons, firms, 

partnerships, or corporations which have an interest in the outcome of the particular 

case. 

  

  

The certificate shall be in the following form: 

Number and Style of Case. 

The undersigned, counsel of record, certifies 

that the following listed persons have an interest 

in the outcome of this case. These representations 

are made in order that the Judges of this Court may 

evaluate possible disqualifications or recusal, 

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

  

Attorney of record for 
  

13.6.2 Summary of Argument. In addition to the requirement of FRAP 28, the opening 
briefs of the parties shall contain a summary of argument, suitable paragraphed, which 

should be a succinct, but accurate and clear, condensation of the argument actually 

made in the body of the brief. It should not be a mere repetition of the heading under 

which the argument is arranged. It should seldom exceed two and never five pages. 

  

13.6.3 Record References. Every assertion in briefs regarding matter in the record 

shall be supported by a reference to the page number of the original record where the 

matter relied upon is to be found. 

  

13.6.4 Request for Oral Argument. If counsel for appellant desires oral argument, 
counsel shall include in appellant's brief (as a preamble thereto) a short statement 

of the reasons why oral argument would be helpful. Appellee shall likewise include in 

his brief a statement of why oral argument should or need not be had. The Court will 
accord these statements due, though not controlling, weight in determining whether oral 

argument will be heard in the case. 

  

13.7 Briefs - Order of Contents. The order of contents of the brief, as governed by 
FRAP 28 and this Local Rule, shall be as follows: 
  

Certificate of interested persons, if required. 

Statement regarding oral argument, 

Table of contents and citations. 

Statement of the issues. 

State of the case. 

(i) Course of proceedings and disposition in court below. 

(ii) Statement of facts. 

Summary of the argument. 

Argument. 

Conclusion. 

Certificate of Service, [||f660d254-d4e4-4365-b2d8-476a9a3c5fc9||]