DOCKET

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January 2008
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NOTICE

You will be notified at least thirty days in advance of the exact date of oral argument, or the date the case will be submitted to the court, in the event oral argument is not scheduled.

For requirements as to form and content required for briefs and pleadings, please refer to the revised Uniform Rules of the Courts of Appeal, effective July 1, 1982. The Fifth Circuit Court of Appeal requires an original and six (6) copies of briefs. All copies, including certificates of service must be signed. In addition, refer to URCA Rule 2-12.4, which provides, in part, that a copy of the judgment, order, or ruling complained of, and a copy of the reasons for judgment or minute entry of the reasons for judgment shall be appended to the brief of the complaining litigant of appeal. If reasons for judgment were not given, the brief shall so declare. The length of briefs must comply with URCA Rule 2-12.2.Your close attention is invited to Rule 2-11.4 of the Uniform Rules of the Courts of Appeal which provides that appeals shall be submitted without oral argument unless a written request for oral argument is filed by a party within fourteen (14) days after the record is lodged with the Court of Appeal. Ordinarily, a request for oral argument will be granted, and, if granted, all parties shall have the right to oral argument.The right to oral argument is automatically revoked as to any party who fails to timely file a brief. Rule 2-12.12. "In addition to all other sanctions imposed by court rules for untimely briefs, in every civil case when the appellant's or appellee's brief is not filed by the date the brief is due, a fine of One Hundred Dollars ($100.00) shall be imposed and shall be paid prior to the filing of the brief."Original records and exhibits will NOT, under any circumstances, be removed from the Fifth Circuit Clerk's Office. If a party wants a copy of an exhibit, the clerk can make a copy at the prepaid expense of the person making the request.

NOTICE

In accordance with the actions of the en banc court at the meeting of the judges of the Court of Appeal, Fifth Circuit held on March 9, 1999, be advised that, effective July 1, 1999, the following procedures will become effective:

1) In addition to any other fees imposed in accordance with the filing policies of this court, a fee of $25.00 will be charged for any motion filed wherein a request is made to exceed the page limitation in connection with the filing of briefs.

2) All appellate records received from the Fifth Circuit clerk's office for use in connection with the preparation of briefs MUST be returned at the time that the brief is filed with the Clerk of the Court of Appeal clerk's office. If, during the interim, the brief date expires, the brief will not be considered as timely filed and all applicable rules regarding untimely brief will apply.