Appellate Practice
May 26, 2021
A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal
Federal Rule of Appellate Procedure 5 has an unusual gap.
Bradley J. Hamburger
Partner
Gibson, Dunn & Crutcher LLP
333 S Grand Ave
Los Angeles , CA 90071
Phone: (213) 229-7658
Email: bhamburger@gibsondunn.com
Harvard Univ Law School; Cambridge MA
With the creation of Federal Rule of Civil Procedure 23(f) and enactment of the appeal provisions of the Class Action Fairness Act in recent decades, parties increasingly are seeking early appellate review of critical mid-case rulings. But to obtain review, prospective appellants must petition the relevant Court of Appeals in accordance with Rule 5 of the Federal Rules of Appellate Procedure. FRAP 5, however, has an unusual gap. While it permits the would-be appellee ...
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