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Category Archives: Fifth Circuit

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Short-Citing to the Record in the Fifth Circuit

Posted in Appellate Practice, Briefs, 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

Fifth Circuit Adjusting Rules to Allow (Some) Technology in the Courtroom

Posted in Fifth Circuit, Oral Argument, Technology

The United States Court of Appeals for the Fifth Circuit is considering the following change to 5th. Cir. R. 34.7; This proposal is open to written comment by sending an email to to changes@ca5.uscourts.gov on or before March 16, 2015. Shortly after the Court announced this change—the first to this rule since 1990—some speculated whether… Continue Reading

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

Posted in Appellate Practice, Fifth Circuit, Oral Argument

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

Posted in Appellate Practice, Articles, Briefs, Fifth Circuit, Oral Argument, Procedure, Texas Supreme Court

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

Posted in Appellate Practice, Fifth Circuit, Oral Argument, Procedure, Texas Supreme Court

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

Posted in Briefs, Fifth Circuit, Motions

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