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7th Circuit seeking comment on proposed rule changes

April 2, 2018

Proposed amendments to a 7th Circuit Court of Appeals rule would place additional requirements on district courts to ensure case dockets are complete and available upon request of the circuit court.

The 7th Circuit is seeking comment on a proposed amendment to Circuit Rule 10, which, under the amendment, would be renamed Preparation and Accessibility of Record in District Court Appeals. The proposed amendment would draft additional language concerning a district court’s record preparation duties into the rule. Those duties would include making a complete district court docket electronically available within 14 days of filing a notice of appeal and preparing and maintaining records that are either confidential or not electronically available until those records are requested by the appellate court.

The new language would also require attorneys to ensure that all documents are on the district court’s docket within 21 days of filing a notice of appeal.

Additionally, a proposed amendment to section (b) of Circuit Rule 10 would require all motions to correct or modify the record to be presented to the district court and included as part of the record. Notice of the district judge’s order on the motion to correct or modify must also be sent to the appellate court.

An amendment to section (f), which deals with presentence reports, would require a district court to maintain presentence reports under seal unless a report has already been placed in the public record. Current language calls for the court to transmit the reports under seal.

Finally, the circuit court is seeking comment on a proposal to rescind Circuit Rule 11.

Written comments on the proposed amendments must be submitted by April 25. Comments can be submitted via email to USCA7_Clerk@ca7.uscourts.gov or through the mail to Advisory Committee, c/o Clerk of Court, United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn St., Chicago.

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