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Out with the Old, In with the New (Rules): 10th Circuit Rules Changes and Forms Effective Jan. 1, 2008

By Shari Allison

The new rules (available here on the Tenth Circuit's website)don't change much, but be sure to download the new version of the docketing statement. The most significant change is something that affects the government. New Rule 27 explicitly discusses the government's motion to enforce an appeal waiver. Rule 27.2(A)(3)(b) states such a motion "must be filed" within 20 days of the notice that the record is complete or the notice of transmittal of the record, [instead of 15 days after the notice of appeal is filed]. But, then it says failure to file a timely motion does not preclude raising the issue in a merits brief. The change in the rule suggests the requirement that good cause be shown for a late filing does not apply to motions to enforce appeal waivers...continue to full post

Full post as published by Tenth Circuit Blog on January 02, 2008 (boomark / email).