The U.S. Court of Appeals for the 5th Circuit adopted amendments to its rules in December 2025.
The approved amendment are as follows:
FIFTH CIRCUIT RULE 25.2.1
Electronic Filing. All cases will be assigned to the court’s electronic filing system. Counsel must register as Filing Users under Rule 25.2.3 and comply with the court’s electronic filing standards, posted separately on the court’s website, www.ca5.uscourts.gov, unless excused for good cause. Non-incarcerated pro se litigants may request the clerk’s permission to register as a Filing User, in civil cases only, under such conditions as the clerk may authorize.
Filing Users must submit all briefs, motions, and petitions for rehearing in PDF text (not scanned), format and only when directed by the clerk, in paper format. Whenever possible, other documents, e.g., record excerpts, etc., should be submitted in PDF text format, and only when directed by the clerk, in paper format. All paper filings must be identical to the electronic file(s).
The court received no comments on the proposed amendment, and the amended rule went into effect on December 1, 2025.
Additionally, the court adopted the following changes to local rules to conform with the December 1, 2025, changes to the Federal Rules of Appellate Procedure:
FIFTH CIRCUIT RULE 39 COSTS
39.1 Taxable Rates. The cost of reproducing necessary copies of the briefs, appendices, or record excerpts shall be taxed at a rate of actual cost, or $0.40 per cover, and $.20, whichever is less, including cover, index, and internal pages, for any form of reproduction costs. The cost of the binding required by 5TH CIR. R. 32.2.3 that mandates that briefs must lie reasonably flat when open shall be a taxable cost but not limited to the foregoing rate. This rate is intended to approximate the current cost of the most economical acceptable method of reproduction generally available; and the clerk will, at reasonable intervals, examine and review it to reflect
current rates. Taxable costs will be authorized for up to 15 copies for a brief and 10 copies of an appendix or record excerpts, unless the clerk gives advance approval for additional copies.
39.2 Nonrecovery of Mailing and Commercial Delivery Service Costs. Mailing and commercial delivery fees incurred in transmitting briefs are not recoverable as taxable costs.
39.3 Time for Filing Bills of Costs. The clerk must receive bills of costs and any objections within the times set forth in FED. R. APP. P. 39 (e)(3)(d). See 5TH CIR. R. 26.1.
The amended rule is effective December 1, 2025.