Archives: Fifth Circuit

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Short-Citing to the Record in the Fifth Circuit

I received a copy of this letter in one of my cases: What’s wrong with using the short citation form “id.” when citing the record? As I wrote about here, the Fifth Circuit recently standardized the format for citing electronic official records on appeal to require the short form “ROA” followed by volume and page. The … Continue Reading

Mardi Gras or Not: When in New Orleans for Oral Argument, Where Should I Stay and Eat?

With Fat Tuesday having passed, the timing seems right to consider lodging and restaurant recommendations for those who occasionally venture to New Orleans for Fifth Circuit oral arguments. When I asked the 607 members of the Texas Appellate Law LinkedIn Group about their preferences, the response was overwhelming. The information was so helpful that I couldn’t … Continue Reading

How to Handle Cross-Appeals

Yesterday afternoon, I spoke at the Advanced Civil Appellate Practice Course, an annual program sponsored by TexasBarCLE and the State Bar Appellate Section. My topic was “How to Handle Cross-Appeals.” I promised the attendees that I would make my paper and slides available over the web. Clicking the links should open each one in a … Continue Reading

Some Appellate Judicial Wisdom in 140-Character Bites

Over the past week, I have attended two CLE events featuring a panel of appellate judges. At the 29th Annual Litigation Update Institute, Chief Justice Wallace Jefferson, Justice Paul Green, and Justice Debra Lehrmann enlightened attendees on current events at the Texas Supreme Court.  Today, Fifth Circuit Judges Pete Benavides and Pricilla Owen and U.S. … Continue Reading

Extensions of Time in the Fifth Circuit

Let’s be honest. Most state-court appellate practitioners find the Fifth Circuit a little byzantine. But one thing the Fifth Circuit does right is allow the clerk’s office to grant short unopposed briefing extensions—up to 30 days—over the telephone. The circuit court has even done away with the requirement that the requesting counsel send a confirmation … Continue Reading
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