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Criminal Appellate & Post-Conviction Services

New FRAP Time Limits Go Into Effect

On December 1, 2009, the Federal Rules of Appellate Procedure adopted a series of new time limits. Now most time periods under thirty days are divisible by seven. According to the Office of U.S. Courts website, the following rules have been changed with respect to time computation.
  • Appellate Rules 4, 5, 6, 10, 12, 15, 19, 25, 26, 27, 28.1, 30, 31, 39, and 41;
  • Bankruptcy Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033;
  • Civil Rules 6, 12, 14, 15, 23, 27, 32, 38, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72, 81; Supplemental Rules B, C, and G; and Illustrative Civil Forms 3, 4, and 60; and
  • Criminal Rules 5.1, 7, 12.1, 12.3, 29, 33, 34, 35, 41, 45, 47, 58, and 59; Rule 8 of the Rules Governing Section 2254 Cases in the United States District Courts; and Rule 8 of the Rules Governing Section 2255 Proceedings for the United States District Courts.

The text of the new rules can be found here. The big changes are that the time period for a criminal notice of appeal moves from ten days to fourteen days. While the time for most events (under thirty days) has moved to multiples of seven, some of the times for responding to motions have remained at ten days.

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