The addition proposed here would encourage uniformity among the federal courts of appeals by filling a similar gap in the
Federal Rules of Appellate Procedure.
But why, then, did the Committee propose a change only to the
Federal Rules of Appellate Procedure?
The
Federal Rules of Appellate Procedure were amended last year to allow electronic filing--delivery via e-mail, the Internet, facsimile, or computer disk--in federal appellate courts.
Attorneys requesting that federal courts of appeals consider materials not in the district court record can rely on three possible avenues to supplement the record on appeal: (1) Rule 10(e)(2)(C) of the
Federal Rules of Appellate Procedure, (2) Rule 201 of the Federal Rules of Evidence, and (3) the inherent equitable authority of the federal courts of appeals.
(49) The chart references the
Federal Rules of Appellate Procedure, but practitioners should also consult the 11th Circuit rules which correspond numerically to the applicable federal appellate rules.
Gilbert, Composition of Record on Appeal from District Court Under Rule 10(a) of
Federal Rules of Appellate Procedure, 33 A.L.R.
(13) The
Federal Rules of Appellate Procedure also require that the argument section of every appellant's brief contain "for each issue, a concise statement of the applicable standard of review...." (14) Although there have always been those who believe opinions are driven by result, (15) most agree that "understanding and applying the proper standard of review will lead to the result that you want." (16) Evaluation of the prospects for success of an appeal very often can depend on the applicable standard of review for each issue in your case.
However, the
Federal Rules of Appellate Procedure govern "procedure in the United States courts of appeals," Fed.
Federal Rules combines 10 chapters of commentaries on every phase of a federal trial with the entire Federal Rules of Civil Procedure, Federal Rules of Evidence (both with up-to-date annotations), and
Federal Rules of Appellate Procedure.
BAPCPA provides temporary direct appeal procedures that are in effect until the
Federal Rules of Appellate Procedure are amended.
58 (1996) (providing that trial court may, prior to the filing of a notice of appeal, order that an attorneys' fees motion have the effect of tolling the time for appeal under Rule 4(e)(4) of the
Federal Rules of Appellate Procedure).
(50) likewise found that [section] 1453(c)(1) requires filing "within seven days of the district court's remand order." (51) The panel also found that a [section] 1453(c)(1) appeal is timely if filed within seven days of an order denying a motion to reconsider a remand order, relying on Rule 4(a)(4) of the
Federal Rules of Appellate Procedure. (52) Accordingly, in the Third, Fifth, Ninth, Tenth, and Eleventh Circuits, and likely in the Seventh Circuit, (53) a [section] 1453(c)(1) application must be filed on the seventh day or sooner from the entry of the remand order, despite contrary textual direction in the statute.