Published on: Tuesday, December 1, 2020

The following new and amended rules became effective December 1, 2020: Federal Rules of Appellate Procedure 35 and 40, as well as Federal Rules of Evidence 404.

Federal Rule of Appellate Procedure 35(e) amendments clarify that the ‎length limits applicable to petitions for hearing or rehearing en banc also apply ‎to responses if requested by the court. ‎ Please refer to House Document 116-119 (pdf) for the text of the amended rules and the accompanying committee notes effective December 1, 2020.

Amendments to Rule 40(a) clarify that the provisions of ‎Rule 40(b) ‎regarding a petition for panel rehearing also ‎apply to a response to such a ‎petition, if the court orders a ‎response, and stylistically the amendment ‎changes the language to ‎refer to a “response,” rather than an “answer,” ‎consistent with Rule 35.‎ Please refer to House Document 116-119 (pdf) for the text of the amended rules and the accompanying committee notes effective December 1, 2020.

Amendments to Federal Rule of Evidence 404(b) impose additional notice ‎requirements on the prosecution ‎in a criminal case and incorporate ‎clarifications to the text and headings of the rule.‎ Please refer to House Document 116-144 (pdf) for the text of the amended rules, and the accompanying committee notes effective December 1, 2020.