The Sixth Circuit Court of Appeals recently released a Notice detailing proposed amendments to its Local Rules and Internal Operating Procedures.
Appellate Practice in the Sixth Circuit is governed by the Federal Rules of Appellate Procedure, Sixth Circuit Rules (i.e., Local Rules), Sixth Circuit Internal Operating Procedures and Sixth Circuit Guide to Electronic Filing, which the Sixth Circuit conveniently combines in a single document on its website.
Here is a summary of every proposed amendment:
Rule 9: Release in a Criminal Case
- Extends the timeline for filing briefs in cases involving review of release or detention orders to ten days after the appeal is docketed.
- Standardizes page limits for briefs produced using different methods.
Rule 27(g): Motion for Reconsideration
Clarifies that responses to motions for reconsideration are generally not permitted unless requested by the court, promoting efficiency in the reconsideration process.
Rule 28(a)(1): District Court Appeals
Introduces a reference to 6 Cir. R. 30(g). All documents referred to in the addendum provided for in 6 Cir. R. 30(g) must be filed digitally in the district court or scanned into digital format.
Rule 34(d): Postponement of Hearing
Introduces a requirement for counsel to indicate whether they have previously filed a “Counsel Unavailability Form” when seeking postponement of a hearing, enhancing transparency in the scheduling process. If not, counsel must explain why they could not have notified the court of their unavailability at an earlier time.
Rule 47(a): Notice of Proposed Amendments
Expands the requirement for providing notice to the general public of future proposed amendments to include posting them on the court’s website.
Internal Operating Procedure 10(d): Non-PDF Exhibits
Allows parties to file video, audio, or other non-PDF exhibits with the clerk of the court, streamlining the filing process and accommodating various types of exhibits. The amended procedure provides: “If an exhibit is to be filed under seal, four copies must be provided unless directed otherwise by the clerk. Guidelines for filing video and audio exhibits are posted on the Court’s website.”
Durst Kerridge’s Appellate Attorneys are extensively familiar with rules pertaining to ensuring a complete record on appeal, including in the Sixth Circuit Court of Appeals, Ohio’s First District Court of Appeals and other state and federal appellate courts. Issues frequently arise with non-PDF/non-paper exhibits, such as videos, audio recordings and devices, and – particularly in state courts in Ohio – where items are filed under seal in the trial court.
Internal Operating Procedure 11(b): Presentence Reports
Expands the scope of reports obtained by the court to include pretrial services and supervised release revocation reports.
Internal Operating Procedure 21(c): Petition Raising Substantive Issues
The amended procedure permits the court to deny the petition without an answer, or – as the current procedure requires – request a preliminary response from any respondent and send a copy of the request to petitioner and all respondents.
Internal Operating Procedure 34(c): Notice of Hearing, Postponement, and Presentation of Oral Argument
Internal Operating Procedure 34(c) covers various aspects of oral argument procedures. Amended I.O.P. 34(c) introduces a “Counsel Unavailability Form,” which counsel are directed to submit in order to scheduling disclose conflicts in advance. Counsel should submit any dates of unavailability for the next nine months no later than the filing of the appellee’s brief, with the option to update the form if conflicts arise later.
Effective Date
These amendments, if adopted, will be effective July 10, 2024. Public comment are invited and must be submitted by June 26, 2024.
About Durst Kerridge
Durst Kerridge maintains an extensive Appellate Practice and has achieved appellate victory at every level, including in the United States Supreme Court. Our Appellate Practice is led by Partner Paul R. Kerridge, who previously served as a Law Clerk at the U.S. Court of Appeals for the Sixth Circuit and the Supreme Court of Ohio.
To schedule a consultation, call Durst Kerridge at (513) 621-4999 or contact Alex J. Durst or Paul R. Kerridge directly.
