HR.2633 Appeal Time Clarification Act of 2011
To amend title 28, United States Code, to clarify the time limits for appeals in civil cases to which United States officers or employees are parties.
- People's Vote
- YES
- Gov Vote
- YES
- Outcome
- YES
Recent Member Votes
My Representatives
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Our Analysis:
Appellate Rule 4 and Sec. 2107 currently provide that the time to appeal is 30 days for most civil cases, but that the appeal time for all parties is 60 days when the parties to the case include `the United States,' a United States `officer,' or a United States `agency.' Current law is not clear concerning the applicability of the longer period in cases in which the Federal party is a United States officer or employee sued in an individual capacity. The proposed amendments to Appellate Rule 4 and H.R. 2633 clarify that the longer period applies when one of the parties is the United States itself; a United States agency; a United States officer or employee sued in an official capacity; or a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf.
Summary:
10/17/2011--Reported to Senate without amendment. (This measure has not been amended since it was passed by the House on September 12, 2011. The summary of that version is repeated here.) Appeal Time Clarification Act of 2011 - Amends federal judicial code requirements concerning the time limits for the filing of appeals to any judgment, order, or decree in a civil action, suit, or proceeding. Revises the requirement that an appeal in any such action, suit, or proceeding in which the United States or a U.S. officer or agency is a party be filed within 60 days after entry of judgment, order or decree. Extends application of the 60-day filing deadline to any civil action, suit, or proceeding in which one of the parties is: (1) a U.S. employee sued in an official capacity; or (2) a current or former U.S. officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on behalf of the United States, including any instance in which the United States represents that person when the judgment, order, or decree is entered or files the appeal for that person. Sets forth the finding of Congress that the application of the 60-day deadline: (1) is not limited to civil actions in which representation of the United States is provided by the Department of Justice (DOJ); and (2) includes all civil actions in which the representation of the United States is provided by a federal legal officer acting in an official capacity, including civil actions in which a Member, officer, or employee of the Senate or the House of Representatives is represented by the Office of Senate Legal Counsel or the House's Office of General Counsel.
Actions:
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
Considered as unfinished business.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Mr. Coble moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules.
DEBATE - The House proceeded with forty minutes of debate on H.R. 2633.
Reported by the Committee on Judiciary. H. Rept. 112-199.
Committee Consideration and Mark-up Session Held.
Referred to the House Committee on the Judiciary.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 384 - 0 (Roll no. 700).
Placed on the Union Calendar, Calendar No. 128.
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 199.
Ordered to be Reported by Voice Vote.
Question:
On Motion to Suspend the Rules and Pass, as Amended: H R 2633 Appeal Time Clarification Act2/3
Result
passed