Notice of Filing of Appeal; Rule Amendment - Local Rule 32; Memorandum from Ganucheau (Clerk) to All Counsel on Compliance with Rule 28.2.1; Local Rule 47.8.1.; Checklist of Rule Requirements for Preparation of Briefs and Record Excerpts; Appendix to the Briefs

    Pniteti $thtes Court of cAppeals 
FIFTH CIRCUIT 

GILBERT F. GANUCHEAU 

CLERK 

P; Quigley 
Attorney at L4w 
631 St. Charles Ave. 
New Orleans, LA 70130 

OFFICE OF THE CLERK 

June 25, 1987 
TEL. 504-589-6514 

600 CAMP STREET 

NEW ORLEANS. LA 70130 

Mr. Ron Wilson 
Attorney at Law 
Richards Bldg., Ste. 310 
837 Gravier St. 
New Orleans, LA 70112 

No. 87-3463 - Chisom, et al. -vs- Edwards, et al. 
USDC# CA-86-4075-"A" (6) 

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 AND RECORD EXCERPTS ARE NOW 
DUE WITHIN FORTY (40) DAYS FROM THIS DATE in accordance with Rule 
31 FRAP. See FRAP and Local Rules 28 and 31 as to the content of 
and time for filing briefs. See Local Rule 30.1 for the contents 
of the Record Excerpts which are to be filed in lieu of an 
appendix. Local Rule 42.3.2 allows the clerk to dismiss appeals 
without notice if the brief is not timely filed. 

If the volume record on appeal is needed to prepare your 
brief, it will be made available to you upon written request. 

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 as long as we are informed of its transmission. 
Opposing counsel will then be required to return the record 
to this office. Otherwise, you should return the record to 
this office with your brief. Please note that we are 
authorized to loan official government records and exhibits 
only for your convenience. Special care should be taken for 
their safe handling and return. The willful mutilation, 
obliteration, or destruction of U.S. Court records in your 
custody is a criminal act (18 USCA S2071). 

D
This letter will also serve as a reminder of the Court's plan 
for expediting criminal appeals wherein you are expected to 
file your brief within the period fixed by the rules without 
requesting an extension. FOR THE BENEFIT OF COUNSEL IN 
MULTIPLE PARTY CASES, ACCESS TO THE RECORD WILL NOT BE 
CONSIDERED GROUNDS FOR EXTENDING THE TIME FOR THE FILING OF 
THE BRIEF. 

The record on appeal will be 
forwarded to you once your 
appearance form is filed in 
this office. 

Enclosures 
cc w/encl: 

ALL COUNSEL OF RECORD 

Sincerely yours, 

GILBERT F. GANUCHEAU, Clerk 

By: 
Deputy Clef 

BR-1 
Rev. 4/85 



RULE AMENDMENT—LOCAL RULE 32 

g IT iS ORDERED that Local Rule 32 lereby amended to read as follows (new 
material underlined): 

Form of Briefs—Each copy of every brief, whether produced by a commercial' 
printing or duplicating firm or otherwise, must comply with FRAP 32, and, in addition 
have a cover of durable quality on both front and back sides. Briefs shall be bound 
so as to insure that the bound copy will not loosen or fall apart or the cover be 
detached by shipping and use. It is preferred that briefs be bound so as to permit 
them to lie flat when open, and they must do so if the cover is plastic or any material  
not easily folded. 

Purpose of Enactment: The current practice of binding briefs with three staples on 
the left-hand margin, and those bound with plastic covers prevents briefs from being 
easily kept opened while being read. With each judge studying approximately 1,000 
briefs a year, these forms of binding present difficulties to the judges in making notations 
or doing other things, when both hands are needed to hold the brief open. The new 

provision in the rule would require that briefs be bound along the left-hand margin in such 
a manner that the brief will lie flat when open. The rule is not mandatory but a 
preference, except "if the cover is plastic or any material not easily folded". The cost of 
this special binding is recoverable as costs on appeal. BR-7 



• 

Prtiteil $tates Court of cAppeals 

GILBERT F. GANUCHEAU 

CLERK 

MEMORANDUM TO ALL COUNSEL 

FIFTH CIRCUIT 

OFFICE OF THE CLERK 

COMPLIANCE WITH RULE 28.2.1 CERTIFICATE 
REQUIREMENT FOR POSSIBLE RECUSAL OR DIS-
QUALIFICATION OF A JUDGE 

TEL. 504-589-6514 

600 CAMP STREET 

NEW ORLEANS, LA 70130 

Fifth Circuit Local Rule 28.2.1 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 in-
corporated 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. If a large group of persons 
or firms can be specified by a generic description, 
individual listing is not necessary." 

(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) The certificate shall include all associations, 
guarantors, insurers, affiliates, parent corporations or other 
legal entities who or which would be financially affected in any 
way by the outcome of the litigation. The burden is on counsel 
to ascertain and certify the true facts to the Court. 

(3) Each such certificate shall list the names of opposing 
law firms and/or counsel in the case. 

BR-6 
" Rev. 9/83 



UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

A 

LOCAL RULE 47.8.1 

47.8.1 Supporting Reauirements - Petitions or motions for 
the award of attorney's fees should always be supported by contemporaneous 
time records recording all work for which a fee is claimed and reflecting 
the hours or fractional hours of work done and the specific professional 
level of services performed by each lawyer for whom compensation is 
sought. In the absence of such records, no time expended will be con-
sidered in the setting of the fee beyond the minimum amount necessary 
in the Court's judgment for any lawyer to produce the work seen in court. 
Exception may be made only to avoid an unconscionable result. 

The Clerk shall make reasonable efforts to advise counsel of 
the existence of this rule, but whether or not counsel has been advised, 
ignorance of this rule shall not, standing alone, be deemed grounds for 
an exception. If the reasonableness of the hours claimed on the basis 
of time records becomes an issue, the applicant shall voluntarily make 
his time records available for inspection by opposing counsel and, if a 
dispute is not resolved between them, by the Court. This rule shall not 
govern claims or portions of claims for attorneys' fees for work performed 
before January 1, 1983. 



III1NITED STATES COURT OF APPEALS • 
FIFTH CIRCUIT  

CHECKLIST OF RULE REQUIREMENTS FOR PREPARATION OF BRIEFS AND RECORD EXCERPTS  

NOTE: All copies should be checked for rule requirements before mailing. 

1.) CONTENTS OF BRIEFS See Local Rule 28.3 for the order of contents as 
they are to appear in the brief. In addition to FRAP 28, Local Rule 28 
has the following additional requirements): 

a) Certificate of Interested Persons (Loc.R. 28.2.1) 

b) Request for Oral Argument (Loc.R. 28.2.4) 

c) Statement of Jurisdiction (Loc.R. 28.2.5) 

d) . Summary of Argument (Loc..28.2.2) 

e) Certificate of Service  

2.) FORM (FRAP and Loc.R. 32. See also Loc.R. 39 on reverse side regarding 
type of duplication and recoverable costs therefor.) 

Standard Duplicated 
Printing Process  

a) Lines Per Page 34 27 

b) Size of Paper G 1/8 X 9 1/4 8 1/2 X 11 

c) Type Matter Size 4 1/6 X 7 1/6 6 1/2 X 9 1/2 

d) Printed Matter  
Type Size 11 Point 11 Point 

e) One Side of Sheet  
Printing No Yes 

f) Footnotes 11 Point 11 Point 
(Single Space) (Single Space) 

(NOTE: Footnotes must not be used to expound on arguments). 

3.) LENGTH OF BRIEFS (FRAP 28(g) and Loc.R. 28.1) 

Principal Briefs 50 Pages ) Excluding table of contents, table 
) of citation, Rule 28 certificate, 

Reply Briefs 25 Pages ) request for oral argument, and any 
) addendum of statutes, etc. 

4.) COVER AND BINDING OF BRIEF (Loc.R. 32 Requirements) 

a) Durable cover on both front and back. 

b) Bound to permit brief to lie flat when open. Cost of this type 
binding may be recovered. See Loc.R. 39 on reverse side. 

C) Name of the party on whose behalf the brief is filed must be 
clearly indicated on cover. 

d) Color 

Brief of Appellant - Blue 

Brief of Appellee - Red 

Reply Brief of Appellant - Gray 

Brief of Appellee-Cross-Appellant - Red 

Brief of Cross-Appellee and Reply Brief 
for Appellant - Red 

Reply Brief of Cross-Appellant - Gray 

Intervenor or Amicus - Green 

Supplemental Brief - White 

5.) NUMBER OF COPIES (Loc.R. 31.1) - 7 copies - all cases. 

6.) LEGIBILITY - FRAP 32 requires "a clear black image on white paper". 

7.) RECORD EXCERPTS - See Loc.R. 30 on reverse side. Read carefully, 
especially last paragraph of Loc.R. 30.1. 

8.) PRINTING COSTS - Local Rule 39 limits the recoverable reproduction costs 
to a maximum of $ .25 per page. See rule on reverse side. 

BR-13 
Rev. 6/85 



Loc.R. 30 APPENDIX TO THE BRIEFS  

30.1 Appendix - Appeals from District Courts and the Tax Courts. 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; 

The judgment or interlocutory order appealed from; 

Any other orders or rulings sought to be reviewed; and 

Any supporting opin?oni 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". 

If a handwritten or other exhibit is not clear and readily legible, that exhibit shall be 
typed or printed in the same size required for briefs. Illegible words and phrases shall be so identified. 
Record excarpt_s shall be bound so as not to obliterate any material on the original (such as filing dates on the 
district court docket entries) and so as to leave all of the material reproduced readily legible when the binder 
containing the record excerpts is opened. 

I.O.P. - Optional Contents - Appellant may add to the mandatory Record Excerpts brief 
extracts from the pleadings, charge, transcript or exhibits if they are essential to an under-
standlng of the issues raised. 

At the time appellee's brief is filed, appellee may add other such extracts thereto. 
All parties are cautioned that over-designation of materials for inclusion in the appendix so 
impaired that document's usefulness that the Court decided to dispense with it and consider all 
appeals on the original record. If non-essential materials are included in the record excerpts, 
its usefulness to the Court as a convenient adjunct to study of the briefs will be diminished. 

The fact that parts of the record are not included in the record excerpts shall not prevent the 
parties or the Court from relying on such parts. The Court will have before it the entire 
original record when making its decision. 

Such additional excerpts 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'. 

30.2 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 prepare and file with the Court and serve on the Agency, Board or Commission a copy of the 
portions of the record relied upon by the parties in their briefs, to be suitably covered, numbered and indexed 
and filed within 21 days from the date of filing of respondent's brief. 

Except in review proceedings covered by Loc.R. 15.3, 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. 

Loc.R. 39 COSTS  

Taxable Rates - The cost of reproducing necessary copies of the briefs, appendices, or 
record excerpts shall be taxed at a rate not higher than twenty-five cents per page, including cover, index, 
and internal pages, for any form of reproductive costs, except that the cost of the binding suggested in Local 
Rule 32 that permits briefs to be bound so as to lie flat when open, shall be a taxable cost but not limited to 
the foregoing rate. This rate is intended to approximate the current cost of the most economical acceptable 
method of reproduction generally available; and the Clerk shall, at reasonable intervals, examine and review 
it on his own authority to reflect current rates. Taxable costs will be authorized for up to 15 copies for a 
brief and 10 copies of an appendix or record excerpts, unless advance approval for additional copies is given 
by the Clerk.