Local Rules by Courts of Appeals

(a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice. A generally applicable direction to par- ties or lawyers regarding practice before a court must be in a Rule 48 FEDERAL RULES OF APPELLATE PROCEDURE 50 local rule rather than an internal operating procedure or standing order. A local rule must be consistent with—but not duplicative of—Acts of Congress and rules adopted under 28 U.S.C. § 2072 and must conform to any uniform numbering sys- tem prescribed by the Judicial Conference of the United States. Each circuit clerk must send the Administrative Office of the United States Courts a copy of each local rule and inter- nal operating procedure when it is promulgated or amended. (2) A local rule imposing a requirement of form must not be enforced in a manner that causes a party to lose rights be- cause of a nonwillful failure to comply with the requirement. (b) Procedure When There Is No Controlling Law. A court of ap- peals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the cir- cuit. No sanction or other disadvantage may be imposed for non- compliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been fur- nished in the particular case with actual notice of the require- ment. (As amended Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998.)