Rule 47 — Local Rules by Courts of Appeals

Fed. R. App. P. 47

• Source: Federal Rules of Appellate Procedure
• Rule: 47
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 47

Text

(a) Local Rules.
(1) Each court of appeals acting by a majority of its judges
in regular active service may, after giving appropriate public
notice and opportunity for comment, make and amend rules
governing its practice. A generally applicable direction to par-
ties or lawyers regarding practice before a court must be in a

local rule rather than an internal operating procedure or
standing order. A local rule must be consistent with—but not
duplicative of—Acts of Congress and rules adopted under 28
U.S.C. §2072 and must conform to any uniform numbering sys-
tem prescribed by the Judicial Conference of the United
States. Each circuit clerk must send the Administrative Office
of the United States Courts a copy of each local rule and inter-
nal operating procedure when it is promulgated or amended.
(2) A local rule imposing a requirement of form must not be
enforced in a manner that causes a party to lose rights be-
cause of a nonwillful failure to comply with the requirement.
(b) Procedure When There Is No Controlling Law. A court of ap-
peals may regulate practice in a particular case in any manner
consistent with federal law, these rules, and local rules of the cir-
cuit. No sanction or other disadvantage may be imposed for non-
compliance with any requirement not in federal law, federal rules,
or the local circuit rules unless the alleged violator has been fur-
nished in the particular case with actual notice of the require-
ment.

Advisory Committee Notes

(As amended Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998.)