Tenth Circuit Rules Change January 1, 2020 and Other Information.

16 Monday Dec 2019

Posted by Celia C. Elwell, RP in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Law

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2020 Tenth Circuit Rule Changes, Kansas Paralegal Association, New or Infrequent Attorney Filer, Reference Guides and Forms

Changes to the Tenth Circuit Rules and Other Information (with hat tip to Megan Barrett, Kansas Paralegal Association)

https://www.ca10.uscourts.gov/clerk/rules, https://www.ca10.uscourts.gov/clerk/filing-your-appeal/atty, and https://www.ca10.uscourts.gov/clerk/quick-reference-guides

Please take note that the 2020 Rules for the U.S. District Court for the Tenth Circuit will change as of January 1, 2020. Read more about these changes in the announcement from the Court below and the first link provided above. Now is a good time to review these changes and update your 10^th Circuit docketing cheat sheets.

If you do not frequently file federal appeals, please note the New Or Infrequent Attorney Filer (look to the right of the web page screen) and Quick Reference Guide button (see second and third links above). You will find forms and tips for those who do not regularly practice in this federal appellate court. To help learn these rules and formats, I recommend revising these guides yourself with the new court rules. This exercise will be well worth your time and help you to memorize the 2020 rule changes. -CCE

INFORMATION PROVIDED BY THE 10th CIRCUIT COURT CLERK:

The 2020 Tenth Circuit Rules take effect January 1, 2020. Among other changes, Tenth Circuit Rules 30 and 31 have been revised to alter the process for submitting hard copies of formal merits briefs and appendices. For all formal merits briefs and appendices filed on or after January 1, 2020 (regardless of when an appeal was filed), counsel should NOT submit the required hard copies until the Clerk’s Office confirms via minute order that the electronically-filed brief and appendix comply with all applicable federal and local rules. Hard copies must be received in the Clerk’s Office within five business days from entry of the minute order confirming compliance, which will also set a deadline for the next brief (if any) to be filed.

If an electronically-filed brief or appendix is not compliant, the Clerk’s Office will issue a deficiency notice giving counsel three business days to electronically file a compliant brief/appendix. Errata sheets will no longer be accepted; counsel must correct deficiencies by re-filing the entire brief/appendix. After the Clerk’s Office confirms that the refiled brief/appendix is compliant, the Clerk’s Office will issue the aforementioned minute order setting (1) the five-business-day deadline for receipt of hard copies; and (2) a deadline for the next brief to be filed.

Hard copies of supplemental/ memorandum briefs are not required unless the court expressly orders otherwise. Hard copies of motions, responses, replies, and bail memorandum briefs/appendices are not required. See 10th Cir. R. 27.2 and 9.5.

The full text of the 2020 Tenth Circuit Rules, and a memorandum detailing all 2020 revisions, can be found at https://www.ca10.uscourts.gov/clerk/rules. Please contact the Tenth Circuit Clerk’s Office (303-844-3157 | Clerk@ca10.uscourts.gov) with any questions or concerns.

Chris Wolpert
Chief Deputy Clerk

A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.

17 Monday Apr 2017

Posted by Celia C. Elwell, RP in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Judges, Appellate Law, Appellate Record, Benchslap, Citations to the Record, Immigration Law, Judges

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Above the Law (blog), Appellate Law, Benchslap, David Lat, Immigration, Justice Neil Gorsuch

Benchslap Of The Day: No More Mr. Nice Guy, by David Lat, Above The Law Blog

http://abovethelaw.com/2015/03/benchslap-of-the-day-no-more-mr-nice-guy/

It’s Monday, which makes it a good day for a good old-fashioned benchslap!

Our Judge for today’s benchslap is none other than newly appointed Justice Neil Gorsuch of the United States Supreme Court, back when he was at the United States District Court for the Tenth Circuit. Judge Gorsuch’s opinion is an excellent lesson on the basic elements of a successful appeal. An immigration lawyer ignored the Court’s local rules. A serious mistake, and a thorough benchslap. -CCE

10th Circuit Tips and Resources For New Attorneys and Infrequent Attorney Filers.

12 Thursday Mar 2015

Posted by Celia C. Elwell, RP in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Writing, Brief Writing, U.S. Courts of Appeal

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10th Circuit Court of Appeals, Federal Rules of Civil Procedure, Local Court Rules, Practitioner's Guide, Tenth Circuit Rules

Filing Your Appeal – For New and Infrequent Attorney Filers, The United States Court of Appeals for the Tenth Circuit

https://www.ca10.uscourts.gov/clerk/filing-your-appeal/atty

Introduction

If this is your first time in this court, welcome. If it has been a while since you filed a brief with us, welcome back. Practicing in a federal appeals court is different from practicing in a trial court, state or federal, and there are even notable differences from state appellate work. With this in mind, there are a number of resources available to assist you.

As an initial matter, if you intend to practice in this court, you can count on referring frequently to the Federal Rules of Appellate Procedure, and especially our local Tenth Circuit Rules. Our Practitioner’s Guide is also a good source of information.

If you can’t find the answer to a question in the rules or if you have a special concern about an appeal, do not hesitate to call the clerk’s office at 303-844-3157. We have real people answering the phone and a well-trained staff who can assist you.

The following sections provide general information you may find useful. However, this information is no substitute for a careful review of the federal and our local rules. . . .

Continue reading →

10th Circuit Uses Sentence Diagramming To Decipher Federal Gun Statute.

19 Thursday Feb 2015

Posted by Celia C. Elwell, RP in 10th Circuit Court of Appeals, Bad Legal Writing, Legal Writing, Readability, Statutory Interpretation

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10th Circuit Court of Appeals, Diagramming Sentences, Federal Statutes, Judith D. Fischer, Legal Writing, Legal Writing Skills Prof Blog

The Tenth Circuit Applies The Art of Sentence Diagramming, by Judith D. Fischer, Legal Writing Prof Blog (with hat tip to Brian Glassman!)

http://lawprofessors.typepad.com/legalwriting/2015/02/the-art-of-sentence-diagramming-helps-a-court.html

he Tenth Circuit recently interpreted a statute so confusing that the court decided to diagram some of its language. In United States v. Rentz, the court observed that ‘Few statutes have proven as enigmatic as 18 U.S.C. §24(c),’ which concerns crimes committed while using a firearm. Puzzling over what the statute’s modifiers mean, the court used the same device some of us learned in grade school—setting out a clear diagram of how words relate to one another grammatically. The court thus reached enough clarity to affirm the district court’s decision. Still, the court stated, ‘Even now plenty of hard questions [about the statute’s meaning] remain.’

My conclusions: 1) The art of diagramming sentences should be revived, and 2) Congress should focus more on clear drafting.