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You will be notified at least thirty days in advance of the exact date of oral argument,
or the date the case will be submitted to the court, in the event oral argument
is not scheduled.
For requirements as to form and content required for briefs and pleadings, please
refer to the revised Uniform Rules of the Courts of Appeal, effective July 1, 1982.
The Fifth Circuit Court of Appeal requires an original and seven (7) copies of briefs.
All copies, including certificates of service must be signed. In addition, refer
to URCA Rule 2-12.4, which provides, in part, that a copy of the judgment, order,
or ruling complained of, and a copy of the reasons for judgment or minute entry
of the reasons for judgment shall be appended to the brief of the complaining litigant
of appeal. If reasons for judgment were not given, the brief shall so declare. The
length of briefs must comply with URCA Rule 2-12.2.Your close attention is invited
to Rule 2-11.4 of the Uniform Rules of the Courts of Appeal which provides that
appeals shall be submitted without oral argument unless a written request for oral
argument is filed by a party within fourteen (14) days after the record is lodged
with the Court of Appeal. Ordinarily, a request for oral argument will be granted,
and, if granted, all parties shall have the right to oral argument.The right to
oral argument is automatically revoked as to any party who fails to timely file
a brief. Rule 2-12.12. "In addition to all other sanctions imposed by court rules
for untimely briefs, in every civil case when the appellant's or appellee's brief
is not filed by the date the brief is due, a fine of One Hundred Dollars ($100.00)
shall be imposed and shall be paid prior to the filing of the brief."Original records
and exhibits will NOT, under any circumstances, be removed from the Fifth Circuit
Clerk's Office. If a party wants a copy of an exhibit, the clerk can make a copy
at the prepaid expense of the person making the request.
In accordance with the actions of the en banc court at the meeting of the judges
of the Court of Appeal, Fifth Circuit held on March 9, 1999, be advised that, effective
July 1, 1999, the following procedures will become effective:
- In addition to any other fees imposed in accordance with the filing policies of
this court, a fee of $50.00 will be charged for any motion filed wherein a request
is made to exceed the page limitation in connection with the filing of briefs.
- All appellate records received from the Fifth Circuit clerk's office for use in
connection with the preparation of briefs MUST
be returned at the time that the brief is filed
with the Clerk of the Court of Appeal clerk's office. If, during the interim, the
brief date expires, the brief will not be considered as timely filed and all applicable
rules regarding untimely brief will apply.