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First Cir. News: New Fees and Fed. Rules of Appellate Procedure

By Gabriella Khorasanee, JD on December 09, 2013 | Last updated on March 21, 2019

December is not known for ground-breaking legal decisions, especially in light of the very few precedential decisions issued lately. So, in honor of end-of-the-year clean up, and general "keeping yourself busy," we're giving you the run down on some changes to rules and fees.

Amendments to Federal Rules of Appellate Procedure

On December 1, 2013, some amendments to the Federal Rules of Appellate procedure took effect in three main areas: Tax Courts; brief structure; and Form 4.

Federal Rules of Appellate Procedure 13, 14, and 24 relate to the United States Tax Court. The changes to Rules 13 and 14 deal with permissive interlocutory appeals from the Tax Court pursuant to 26 U.S.C. § 7482, while Rule 24 "accurately reflects the status of the Tax Court as a court."

Changes to Rules 28 and 28.1 deal with collapsing what were formerly two sections in an appellate brief: the statement of the case and the statement of facts. Now, under the new rules, the statement of the case and the statement of facts can be drafted in one part of the brief.

Finally, there were some minor changes made to Form 4, the national in forma pauperis application.

Increased Appellate Fees

The First Circuit also took this time to update its fee schedule; while many of the fees remain the same, the most notable increase is in the appellate filing fee or "docketing fee" with an increase from $450 to $500. You can view a redlined copy of the schedule of fees here.

Questions Moving Forward

If you have questions about the new rules, and how it may affect any pending matters before the court you can contact the Clerk of Court by phone at 617.748.9057. Also, with winter storms coming in the next few months, stay tuned for court closures due to inclement weather -- updates will be posted on the First Circuit website and on the main phone line listed above.

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