As we previously noted (here and here) , the Sixth Circuit recently published proposed amendments to the Court’s rules. These proposed amendments are the result of the efforts over several years by the Court’s Advisory Committee on Rules, consisting of members of the bar of the Sixth Circuit appointed pursuant to 28 U.S.C. § 2077(b), and approved by the Court. Both Pierre Bergeron and Phil Calabrese of Squire Sanders serve on the Court’s Advisory Committee on Rules and contributed to proposed amendments to the Court’s rules.
The proposed amendments represent a comprehensive rewriting of the Sixth Circuit Rules, Internal Operating Procedures, and the Sixth Circuit Guide to Electronic Filing—the first such effort in over twelve years. Most of the proposed amendments reorganize the Court’s rules so that they better track the Federal Rules of Appellate Procedure, make stylistic changes to make the rules easier to understand and follow, or conform the Court’s rules to its practices.
The Court has now posted on its website documents showing the various proposed changes. Some of the substantive revisions practitioners should note include:
- Changes to the way the Court expects parties to cite the record. See Proposed 6 Cir. R. 28.
- Greater flexibility on the part of a panel on whether to hear oral argument in a case. See Proposed 6 Cir. I.O.P. 34(a)(4).
- Clarification of the practice of citing “unpublished” cases. See Proposed 6 Cir. R. 32.1.
Because each lawyer’s practice varies and the rules affect each lawyer’s practice differently, practitioners are encouraged to review the proposed revisions and provide any comments by July 12, 2012.