B.L.U.F.A look at FRAP as it applies to civil cases, most Second Amendment challenges are civil cases. Tied to games being played by Everytown in Antonyuk v. Hochul, 22-2972, (2d Cir.)
(1400 words)
There are rules for everything that the courts do. There are standard forms that are to be used. There is a general set of rules, written by congress, and each “court” can have additional, published rules.
When a party does something in a case, they must abide by the rules of that court.
FRAP starts with Rule 1, giving us the scope of the rules.
- Scope of Rules.
- These rules govern procedure in the United States courts of appeals.
- When these rules provide for filing a motion or other document in the district court, the procedure must comply with the practice of the district court.
Of course, since this is the government writing rules for the government, what they give with one hand, they remove with the other:
Rule 2. Suspension of Rules
On its own or a party’s motion, a court of appeals may—to expedite its decision or for other good cause—suspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b).
Some of this makes perfect sense, and we see it in use all the time.
For example, we have this docket entry:
MOTION, to file oversized brief, on behalf of Appellant Matthew J. Doran and Steven A. Nigrelli in 22-2908
When looking at the actual motion, it starts with a standard form following FRAP Rule 27.
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