Circuit Rule 47: Local Rules by Courts of Appeals

(a) Amendment—Notice and Opportunity for Comment. These rules may be amended by the court as provided herein. The court will give notice and opportunity for comment as provided in this rule with respect to any proposed changes in these rules except where emergency or other conditions render it impractical or unnecessary.

(b) Proposal for Change. Any person may propose a change in these rules by submitting a written suggestion to the court or to its Advisory Committee on Procedures.

(c) Notice of Proposed Amendment by Court. Upon consideration of a proposal from any person or from the Advisory Committee on Procedures, or upon its own motion, the court will, whenever necessary or appropriate, give notice of a proposed change in these rules. Such notice will consist of the text of the proposed change, or a description of the subjects and issues involved, together with a brief explanation of the purpose of the proposal. The notice will be made public as follows:

(1) by posting a copy on the bulletin board next to the public counter in the clerk’s office and on the court’s web site;

(2) by delivering a copy to The Daily Washington Law Reporter for publication;

(3) by sending a copy to the chair of the Advisory Committee on Procedures;

(4) by sending copies to:

(A) the president of the District of Columbia Bar;

(B) the president of the Bar Association of the District of Columbia;

(C) the president of the Washington Bar Association;

(D) the president of the Women's Bar Association;

(E) the presidents of any nationwide bar associations, local chapters of nationwide bar associations, or other voluntary groups of lawyers or citizens that notify the clerk of this court in writing that they wish to receive copies of these notices.

(d) Comments by Public and Advisory Committee on Procedures. The notice will specify a period of not less than 45 days from the date of its publication in The Daily Washington Law Reporter within which any person may submit written comments on the proposed changes to the Advisory Committee on Procedures. That committee must give consideration to all written comments timely received and within 45 days from the close of the comment period transmit to this court its recommendations with respect to the proposal and the written comments it has received.

(e) Final Action by Court. Following receipt of the committee's recommendation, this court may determine that the proposed change should be adopted, that it should be amended and adopted, or that it should be withdrawn. The court will publish notice of its final action respecting the proposal, including the effective date of any change in these rules, in the manner provided in paragraph (c).

(f) Publication of Amendments Made Without Opportunity for Comment. If an amendment to these rules is made without notice or opportunity for comment, it will be made public in the manner provided in paragraph (c). Such publication will state the effective date of the amendment, which may not be earlier than the date of publication.