Thursday, April 27, 1995
1.That the Federal Rules of Appellate Procedure be, and they hereby
are, amended by including therein amendments to Appellate Rules 4, 8,
10, and 47.
2.That the foregoing amendments to the Federal Rules of Appellate
Procedure shall take effect on December 1, 1995, and shall govern all
proceedings in appellate cases thereafter commenced and, insofar as
just and practicable, all proceedings in appellate cases then
3.That THE CHIEF JUSTICE be, and hereby is, authorized to transmit to
the Congress the foregoing amendments to the Federal Rules of
Appellate Procedure in accordance with the provisions of Section 2072
of Title 28, United States Code.
PROPOSED AMENDMENTS TO THE FEDERAL RULES OF APPELLATE PROCEDURE
Rule 4. Appeal as of Right - When Taken
(a) Appeal in a Civil Case.
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(4) If any party files a timely motion of a type specified
immediately below, the time for appeal for all parties runs from the
entry of the order disposing of the last such motion outstanding.
This provision applies to a timely motion under the Federal Rules of
(A) for judgment under Rule 50(b);
(B) to amend or make additional findings of fact under Rule 52(b),
whether or not granting the motion would alter the judgment;
(C) to alter or amend the judgment under Rule 59;
(D) for attorney's fees under Rule 54 if a district court under Rule
58 extends the time for appeal;
(E) for a new trial under Rule 59; or
(F) for relief under Rule 60 if the motion is filed no later than 10
days after the entry of judgment.
A notice of appeal filed after announcement or entry of the judgment
but before disposition of any of the above motions is ineffective to
appeal from the judgment or order, or part thereof, specified in the
notice of appeal, until the entry of the order disposing of the last
such motion outstanding. Appellate review of an order disposing of
any of the above motions requires the party, in compliance with
Appellate Rule 3(c), to amend a previously filed notice of appeal. A
party intending to challenge an alteration or amendment of the
judgment shall file a notice, or amended notice, of appeal within the
time prescribed by this Rule 4 measured from the entry of the order
disposing of the last such motion outstanding. No additional fees
will be required for filing an amended notice.
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Rule 8. Stay or Injunction Pending Appeal
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(c) Stay in a Criminal Case.-- A stay in a criminal
case shall be had in accordance with the provisions of Rule
38 of the Federal Rules of Criminal Procedure.
Rule 10. The Record on Appeal
(a) Composition of the Record on Appeal.-- The record on appeal
consists of the original papers and exhibits filed in the district
court, the transcript of proceedings, if any, and a certified copy of
the docket entries prepared by the clerk of the district court.
(b)-The Transcript of Proceedings; Duty of Appellant to Order; Notice
to Appellee if Partial Transcript is Ordered.
(1)-Within 10 days after filing the notice of appeal or entry of an
order disposing of the last timely motion outstanding of a type
specified in Rule 4(a)(4), whichever is later, the appellant shall
order from the reporter a transcript of such parts of the proceedings
not already on file as the appellant deems necessary, subject to
local rules of the courts of appeals. The order shall be in writing
and within the same period a copy shall be filed with the clerk of
the district court. If funding is to come from the United States
under the Criminal Justice Act, the order shall so state. If no such
parts of the proceedings are to be ordered, within the same period
the appellant shall file a certificate to that effect.
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Rule 47. Rules of a Court of Appeals
(1)Each court of appeals acting by a majority of its judges in
regular active service may, after giving appropriate public notice
and opportunity for comment, make and amend rules governing its
practice. A generally applicable direction to a party or a lawyer
regarding practice before a court shall be in a local rule rather
than an internal operating procedure or standing order. A local rule
shall be consistent with -- but not duplicative of -- Acts of
Congress and rules adopted under 28 U.S.C. 2072 and shall conform to
any uniform numbering system prescribed by the Judicial Conference of
the United States. The clerk of each court of appeals shall send the
Administrative Office of the United States Courts a copy of each
local rule and internal operating procedure when it is promulgated or
(2)A local rule imposing a requirement of form shall not be enforced
in a manner that causes a party to lose rights because of a
nonwillful failure to comply with the requirement.
(b)Procedure When There Is No Controlling Law. -- A court of appeals
may regulate practice in a particular case in any manner consistent
with federal law, these rules, and local rules of the circuit. No
sanction or other disadvantage may be imposed for noncompliance with
any requirement not in federal law, federal rules, or the local
circuit rules unless the alleged violator has been furnished in the
particular case with actual notice of the requirement.
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