Revised Eighth Circuit Rules Effective November 1, 2021

by | Blog, News | 0 comments

Effective today, November 1, 2021, there have been several revisions to the Local Rules of the Eighth Circuit.  Significantly, Rule 27A(b) has been changed to reduce the authority of a single judge to grant certain motions.

Previously a single judge could determine any motion and exercise any power including: 1) granting leave to proceed in forma pauperis; 2) granting appointment of counsel for indigent defendants proceeding under 28 U.S.C. 1915; 3) denying a motion to dismiss under 8th Cir. R. 47A; and 4) ordering a temporary stay of any proceeding pending the court’s determination of a stay application.

Under the revised Rule 27A(b) a single judge retains the power to order a temporary stay of a proceeding, but all other motions now must be referred to a three-judge panel.

Rule 27A(a) has also been revised to clarify the procedural orders that the clerk has discretion to enter on behalf of the court.  Previously the list of 19 procedural matters contained in the rule was non-exhaustive.  Now, the 25 listed matters are finite.  Motions seeking orders not listed will be referred to a three-judge panel.  Of particular note, it seems the clerk may no longer enter orders accepting or denying motions to appear as amicus curiae.  Though the clerk can enter “orders prohibiting the filing of or striking an amicus brief under Rule 29A.”

Rule 29A(a) has been revised to allow the court to prohibit the filing of or strike any amicus brief that would result in the recusal of a judge assigned to the case, or the recusal of a judge from a vote on whether to consider the matter en banc.

For the full list of changes to the Local Rules, please click on the links above.  Brownson PLLC will continue to monitor important rule changes and provide updates as they become effective.  For more information, please contact Tim Garvey at tgarvey@brownsonpllc.com.