Friday, December 6, 2013

Federal Rules Eliminate a Required Section in Appellate Briefs

As of December 1, 2013, the Federal Rules of Appellate Procedure ("FRAP") no longer require separate sections in an appellate brief for the "Statement of the Case" and the "Statement of Facts."  Going forward, FRAP Rule 28 now requires only a single section "setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record."  This combined section is to be labeled as the "Statement of the Case."

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