(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 parties 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 system 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 internal 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
because of a nonwillful failure to comply with the
(b) Procedure When There Is No Controlling Law.
A court of appeals may regulate practice in a particular case
in any manner consistent with federal law, these rules, and
local rules of the circuit. No sanction or other disadvantage
may be imposed for noncompliance with any requirement not in
federal law, federal rules, or the local circuit rules unless
the alleged violator has been furnished in the particular case
with actual notice of the requirement.
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Last modified at 12/16/2009