CIRCUIT RULES of the UNITED STATES COURT OF APPEALS for

CIRCUIT RULES

of the

UNITED STATES COURT OF APPEALS

for the

DISTRICT OF COLUMBIA CIRCUIT

(Together with the corresponding

Federal Rules of Appellate Procedure)

Circuit Rules Effective January 1, 1994,

As Amended Through April 1, 2024

Federal Rules Effective July 1, 1968,

As Amended Through December 1, 2023

JUDGES OF THE COURT

Chief Judge

Sri Srinivasan

Circuit Judges

Karen LeCraft Henderson

Patricia A. Millett

Cornelia T.L. Pillard

Robert L. Wilkins

Gregory G. Katsas

Neomi Rao

Justin R. Walker

J. Michelle Childs

Florence Y. Pan

Bradley N. Garcia

Senior Circuit Judges

Harry T. Edwards

Douglas H. Ginsburg

A. Raymond Randolph

Judith W. Rogers

OFFICERS OF THE COURT

Circuit Executive

Elizabeth H. Paret

Clerk

Mark J. Langer

Circuit Librarian

Patricia Michalowskij

Judges and Officers of the Court

CONTACT INFORMATION

Room Telephone

Clerk's Office General Information 5205 202-216-7000

Clerk 5509 202-216-7300

Circuit Executive 4712 202-216-7340

Legal Division 3529 202-216-7500

Circuit Librarian 3205 202-216-7400

PACER Service Center * 1-800-676-6856

Court Internet Web Site www.cadc.uscourts.gov

* There is a per-page fee for accessing docket sheets, orders, and judgments from the PACER

Service Center. To set up an account and obtain a user identification number, interested parties may call

the PACER Service Center at 1-800-676-6856.

Frequently Used Information

FEDERAL RULES OF APPELLATE PROCEDURE

AND CORRESPONDING CIRCUIT RULES

OF THE DISTRICT OF COLUMBIA CIRCUIT

Federal Rules Adopted Effective July 1, 1968,

As Amended Through December 1, 2023

Circuit Rules Effective January 1, 1994,

As Amended Through April 1, 2024

TABLE OF CONTENTS

TITLE I. APPLICABILITY OF RULES

1. Scope of Rules; Definition; Title

(a) Scope of Rules.

(b) Definition.

2. Suspension of Rules

(a) In a Particular Case.

(b) In an Appellate Rules Emergency.

TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT

3. Appeal as of Right—How Taken

(a) Filing the Notice of Appeal.

(b) Joint or Consolidated Appeals.

(d) Serving the Notice of Appeal.

(e) Payment of Fees.

3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case

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4. Appeal as of Right—When Taken

(a) Appeal in a Civil Case.

(b) Appeal in a Criminal Case.

(d) Mistaken Filing in the Court of Appeals.

5. Appeal by Permission

(a) Petition for Permission to Appeal.

(b) Contents of the Petition; Answer or Cross-Petition; Oral Argument.

(d) Grant of Permission; Fees; Cost Bond; Filing the Record.

5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5)

6. Appeal in a Bankruptcy Case

(a) Appeal from a Judgment, Order, or Decree of a District Court Exercising Original Jurisdiction

in a Bankruptcy Case.

(b) Appeal from a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel

Exercising Appellate Jurisdiction in a Bankruptcy Case.

7. Bond for Costs on Appeal in a Civil Case

8. Stay or Injunction Pending Appeal

(a) Motion for Stay.

(b) Proceeding Against a Security Provider.

9. Release in a Criminal Case

(a) Release Before Judgment of Conviction.

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(b) Release After Judgment of Conviction.

10. The Record on Appeal

(a) Composition of the Record on Appeal.

(b) The Transcript of Proceedings.

Unavailable.

(d) Agreed Statement as the Record on Appeal.

(e) Correction or Modification of the Record.

11. Forwarding the Record

(a) Appellant's Duty.

(b) Duties of Reporter and District Clerk.

(d) [Abrogated.]

(e) Retaining the Record by Court Order.

(f) Retaining Parts of the Record in the District Court by Stipulation of the Parties.

(g) Record for a Preliminary Motion in the Court of Appeals.

12. Docketing the Appeal; Filing a Representation Statement; Filing the Record

(a) Docketing the Appeal.

(b) Filing a Representation Statement.

12.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief that Is Barred by a

Pending Appeal

(a) Notice to the Court of Appeals.

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(b) Remand After an Indicative Ruling.

TITLE III. REVIEW OF A DECISION OF THE UNITED STATES TAX COURT

13. Appeals from the Tax Court

(a) Appeal as of Right.

(b) Appeal by Permission.

14. Applicability of Other Rules to Appeals from the Tax Court

TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE

AGENCY, BOARD, COMMISSION, OR OFFICER

15. Review or Enforcement of an Agency Order—How Obtained; Intervention

(a) Petition for Review; Joint Petition.

(b) Application or Cross-Application to Enforce an Order; Answer; Default.

(d) Intervention.

(e) Payment of Fees.

15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding

16. The Record on Review or Enforcement

(a) Composition of the Record.

(b) Omissions from or Misstatements in the Record.

17. Filing the Record

(a) Agency to File; Time for Filing; Notice of Filing.

(b) Filing—What Constitutes.

18. Stay Pending Review

(a) Motion for a Stay.

(b) Bond.

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19. Settlement of a Judgment Enforcing an Agency Order in Part

20. Applicability of Rules to the Review or Enforcement of an Agency Order

TITLE V. EXTRAORDINARY WRITS

21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(d) Form of Papers; Number of Copies; Length Limits.

TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

22. Habeas Corpus and Section 2255 Proceedings

(a) Application for the Original Writ.

(b) Certificate of Appealability.

23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding

(a) Transfer of Custody Pending Review.

(b) Detention or Release Pending Review of Decision Not to Release.

(d) Modification of the Initial Order on Custody.

24. Proceeding in Forma Pauperis

(a) Leave to Proceed in Forma Pauperis.

(b) Leave to Proceed in Forma Pauperis on Appeal from the United States Tax Court or on Appeal

or Review of an Administrative-Agency Proceeding.

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TITLE VII. GENERAL PROVISIONS

25. Filing and Service

(a) Filing.

(b) Service of All Papers Required.

(d) Proof of Service.

(e) Number of Copies.

26. Computing and Extending Time

(a) Computing Time.

(b) Extending Time.

26.1. Disclosure Statement

(a) Nongovernmental Corporations.

(b) Organizational Victims in Criminal Cases.

(d) Time for Filing; Supplemental Filing.

(e) Number of Copies.

27. Motions

(a) In General.

(b) Disposition of a Motion for a Procedural Order.

(d) Form of Papers; Length Limits; Number of Copies.

(e) Oral Argument.

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28. Briefs

(a) Appellant's Brief.

(b) Appellee's Brief.

(d) References to Parties.

(e) References to the Record.

(f) Reproduction of Statutes, Rules, Regulations, etc.

(g) [Reserved.]

(h) [Reserved.]

(i) Briefs in a Case Involving Multiple Appellants or Appellees.

(j) Citation of Supplemental Authorities.

28.1. Cross-Appeals

(a) Applicability.

(b) Designation of Appellant.

(d) Cover.

(e) Length.

(f) Time to Serve and File a Brief.

29. Brief of an Amicus Curiae

(a) During Initial Consideration of a Case on the Merits.

(b) During Consideration of Whether to Grant Rehearing.

30. Appendix to the Briefs

(a) Appellant’s Responsibility.

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(b) All Parties' Responsibilities.

(d) Format of the Appendix.

(e) Reproduction of Exhibits.

(f) Appeal on the Original Record Without an Appendix.

31. Serving and Filing Briefs

(a) Time to Serve and File a Brief.

(b) Number of Copies.

32. Form of Briefs, Appendices, and Other Papers

(a) Form of a Brief.

(b) Form of an Appendix.

(d) Signature.

(e) Local Variation.

(f) Items Excluded from Length.

(g) Certificate of Compliance.

32.1. Citing Judicial Dispositions

(a) Citation Permitted.

(b) Copies Required.

33. Appeal Conferences

34. Oral Argument

(a) In General.

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(b) Notice of Argument; Postponement.

(d) Cross-Appeals and Separate Appeals.

(e) Nonappearance of a Party.

(f) Submission on Briefs.

(g) Use of Physical Exhibits at Argument; Removal.

35. En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered.

(b) Petition for Hearing or Rehearing En Banc.

(d) Number of Copies.

(e) Response.

(f) Call for a Vote.

36. Entry of Judgment; Notice

(a) Entry.

(b) Notice.

37. Interest on Judgment

(a) When the Court Affirms.

(b) When the Court Reverses.

38. Frivolous Appeal—Damages and Costs

39. Costs

(a) Against Whom Assessed.

(b) Costs For and Against the United States.

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(d) Bill of Costs: Objections; Insertion in Mandate.

(e) Costs on Appeal Taxable in the District Court.

40. Petition for Panel Rehearing

(a) Time to File; Contents; Response; Action by the Court if Granted.

(b) Form of Petition; Length.

41. Mandate: Contents; Issuance and Effective Date; Stay

(a) Contents.

(b) When Issued.

(d) Staying the Mandate Pending a Petition for Certiorari.

42. Voluntary Dismissal

(a) Dismissal in the District Court.

(b) Dismissal in the Court of Appeals.

(d) Criminal Cases.

43. Substitution of Parties

(a) Death of a Party.

(b) Substitution for a Reason Other Than Death.

44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a

Party

(a) Constitutional Challenge to Federal Statute.

(b) Constitutional Challenge to State Statute.

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45. Clerk's Duties

(a) General Provisions.

(b) Records.

(d) Custody of Records and Papers.

46. Attorneys

(a) Admission to the Bar.

(b) Suspension or Disbarment.

47. Local Rules by Courts of Appeals

(a) Local Rules.

(b) Procedure When There Is No Controlling Law.

CIRCUIT RULES FOR WHICH THERE IS NO CORRESPONDING FEDERAL RULE

47.1 Matters Under Seal

(a) Case with Record Under Seal.

(b) Agreement to Unseal.

(d) Briefs Containing Material Under Seal.

(e) Appendices Containing Matters Under Seal.

(f) Disposal of Sealed Records.

47.2 Appeal Expedited by Statute; Habeas Corpus Proceeding; Sentencing Appeal

(a) Appeal Expedited by Statute and Habeas Corpus Proceeding.

(b) Sentencing Appeal Pursuant to 18 U.S.C. § 3742.

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47.3 Judicial Conference

(a) Purpose.

(b) Conference Arrangements and Procedures.

47.4 Advisory Committee on Procedures

(a) Establishment of Committee; Membership.

(b) Committee Functions.

47.5 Processing Direct Criminal Appeals

47.6 Appeals from the Alien Terrorist Removal Court

(a) In General.

(b) Appeal from the Denial of a Removal Application (8 U.S.C. § 1535(a)).

(d) Appeal from a Decision After a Removal Hearing (8 U.S.C. § 1535(c)).

(e) Appeal from a Release or Detention Order (8 U.S.C. § 1535(e)).

48. Masters

(a) Appointment; Powers.

(b) Compensation.

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APPENDIX OF FORMS FOR THE FEDERAL RULES OF APPELLATE PROCEDURE

Form 1A. Notice of Appeal to a Court of Appeals from a Judgment of a District Court

Form 1B. Notice of Appeal to a Court of Appeals from an Appealable Order of a District Court

Form 2. Notice of Appeal to a Court of Appeals from a Decision of the United States Tax Court

Form 3. Petition for Review of Order of an Agency, Board, Commission, or Officer

Form 4. Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis

Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court or a

Bankruptcy Appellate Panel

Form 6. Certificate of Compliance with Type-Volume Limit

Form 7. Declaration of Inmate Filing

Appendix: Length Limits Stated in the Federal Rules of Appellate Procedure and the D.C. Circuit Rules

APPENDIX TO THE CIRCUIT RULES OF THE U.S. COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

I. COURT OF APPEALS FEE SCHEDULES

II. RULES OF DISCIPLINARY ENFORCEMENT FOR THE UNITED STATES COURT OF

APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

III. APPELLATE MEDIATION PROGRAM

Table of Contents

TITLE I. APPLICABILITY OF RULES

Rule 1. Scope of Rules; Definition; Title

(a) Scope of Rules.

(1) These rules govern procedure in the United States courts of appeals.

(2) When these rules provide for filing a motion or other document in the district court, the

procedure must comply with the practice of the district court.

(b) Definition. In these rules, "state" includes the District of Columbia and any United States

commonwealth or territory.

Circuit Rule 1

Scope of Rules; General Provisions

The Circuit Rules of the United States Court of Appeals for the District of Columbia Circuit are

adopted pursuant to Rule 47, Federal Rules of Appellate Procedure ("FRAP"), to replace all General

Rules heretofore adopted by this court. Circuit Rules are keyed to correspondingly numbered

provisions of the FRAP. (Several rules dealing with miscellaneous subjects are included after Circuit

Rule 47.)

The court's Handbook of Practice and Internal Procedures ("Handbook") should also be consulted.

In the event of any conflict between the Circuit Rules and the Handbook, the Circuit Rules prevail.

(a) Name, Seal, and Process.

(1) Name. The name of this court, as fixed by Chapter 3 of Title 28 of the United States Code, is

"United States Court of Appeals for the District of Columbia Circuit."

(2) Seal. The seal of the court will contain the words "United States" on the upper part of the

outer edge, preceded and followed by a star; the words "Court of Appeals" on the lower part of the

outer edge, running from left to right; and the words "for the District of Columbia Circuit" in 5 lines

in the center.

(3) Process. Writs, process, orders, and judgments of this court must be signed by a judge or

judges of the court, or by the clerk at the direction of the court.

Rule 11

(b) Sessions.

(1) No Formal Terms—Court Always Open. The court does not hold formal terms but is open

the year round for such purposes as docketing appeals; filing pleadings, records, and opinions; and

entering orders and judgments.

(2) Regular Sessions. Regular sessions of the court are held at Washington, D.C., commencing

on such day in September as the court may designate, and terminating at such time as the court may

designate, and are adjourned as the court may from time to time direct.

(3) Special Sessions. Special sessions may be held at any time by order of the court.

engage in the practice of law while continuing in such position. No former employee may practice as

an attorney in any case that was pending in this court during his or her term of service. This rule does

not apply to a former employee when employed by another court; the rules of such court shall govern

his or her employment in that court. For the purposes of this rule, a case is pending in this court upon

the docketing of a notice of appeal, or the filing of a petition, in this court. Effective September 1,

2016, no former employee of this court may appear at counsel table or on pleadings in any case in this

court for a period of one year after leaving court employment. This rule is in addition to any

statutory, regulatory, professional, or other obligations that may apply to a particular individual.

Rule 12

Rule 2. Suspension of Rules

(a) In a Particular Case. On its own or a party’s motion, a court of appeals may—to expedite its

decision or for other good cause—suspend any provision of these rules in a particular case and order

proceedings as it directs, except as otherwise provided in Rule 26(b).

(b) In an Appellate Rules Emergency.

(1) Conditions for an Emergency. The Judicial Conference of the United States may declare an

Appellate Rules emergency if it determines that extraordinary circumstances relating to public health or

safety, or affecting physical or electronic access to a court, substantially impair the court’s ability to

perform its functions in compliance with these rules.

(2) Content. The declaration must:

(A) designate the circuit or circuits affected; and

(B) be limited to a stated period of no more than 90 days.

(3) Early Termination. The Judicial Conference may terminate a declaration for one or more

circuits before the termination date.

(4) Additional Declarations. The Judicial Conference may issue additional declarations under this

rule.

(5) Proceedings in a Rules Emergency. When a rules emergency is declared, the court may:

(A) suspend in all or part of that circuit any provision of these rules, other than time limits imposed

by statute and described in Rule 26(b)(1)-(2); and

(B) order proceedings as it directs.

Circuit Rule 2

Suspension of Rules

In the interest of expediting decisions or for other good cause, the court may suspend the

requirements of these Circuit Rules.

Rule 2

TITLE II. APPEAL FROM A JUDGMENT

OR ORDER OF A DISTRICT COURT

Rule 3. Appeal as of Right—How Taken

(a) Filing the Notice of Appeal.

(1) An appeal permitted by law as of right from a district court to a court of appeals may be taken

only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. At the time of

filing, the appellant must furnish the clerk with enough copies of the notice to enable the clerk to comply

with Rule 3(d).

(2) An appellant’s failure to take any step other than the timely filing of a notice of appeal does not

affect the validity of the appeal, but is ground only for the court of appeals to act as it considers

appropriate, including dismissing the appeal.

(3) An appeal from a judgment by a magistrate judge in a civil case is taken in the same way as an

appeal from any other district court judgment.

(4) An appeal by permission under 28 U.S.C. § 1292(b) or an appeal in a bankruptcy case may be

taken only in the manner prescribed by Rules 5 and 6, respectively.

(b) Joint or Consolidated Appeals.

(1) When two or more parties are entitled to appeal from a district-court judgment or order, and their

interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on

appeal as a single appellant.

(2) When the parties have filed separate timely notices of appeal, the appeals may be joined or

consolidated by the court of appeals.

(1) The notice of appeal must:

(A) specify the party or parties taking the appeal by naming each one in the caption or body of the

notice, but an attorney representing more than one party may describe those parties with such terms as

"all plaintiffs," "the defendants," "the plaintiffs A, B, et al.," or "all defendants except X";

(B) designate the judgment—or the appealable order—from which the appeal is taken; and

(2) A pro se notice of appeal is considered filed on behalf of the signer and the signer’s spouse and

minor children (if they are parties), unless the notice clearly indicates otherwise.

Rule 3

(3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it

names one person qualified to bring the appeal as representative of the class.

(4) The notice of appeal encompasses all orders that, for purposes of appeal, merge into the

designated judgment or appealable order. It is not necessary to designate those orders in the notice of

appeal.

(5) In a civil case, a notice of appeal encompasses the final judgment, whether or not that judgment is

set out in a separate document under Federal Rule of Civil Procedure 58, if the notice designates:

(A) an order that adjudicates all remaining claims and the rights and liabilities of all remaining

parties; or

(B) an order described in Rule 4(a)(4)(A).

(6) An appellant may designate only part of a judgment or appealable order by expressly stating that

the notice of appeal is so limited. Without such an express statement, specific designations do not limit

the scope of the notice of appeal.

(7) An appeal must not be dismissed for informality of form or title of the notice of appeal, for

failure to name a party whose intent to appeal is otherwise clear from the notice, or for failure to

properly designate the judgment if the notice of appeal was filed after entry of the judgment and

designates an order that merged into that judgment.

(8) Forms 1A and 1B in the Appendix of Forms are suggested forms of notices of appeal.

(d) Serving the Notice of Appeal.

(1) The district clerk must serve notice of the filing of a notice of appeal by sending a copy to each

party’s counsel of record—excluding the appellant’s—or, if a party is proceeding pro se, to the party’s

last known address. When a defendant in a criminal case appeals, the clerk must also serve a copy of the

notice of appeal on the defendant. The clerk must promptly send a copy of the notice of appeal and of

the docket entries—and any later docket entries—to the clerk of the court of appeals named in the notice.

The district clerk must note, on each copy, the date when the notice of appeal was filed.

(2) If an inmate confined in an institution files a notice of appeal in the manner provided by Rule

4(c), the district clerk must also note the date when the clerk docketed the notice.

(3) The district clerk’s failure to serve notice does not affect the validity of the appeal. The clerk

must note on the docket the names of the parties to whom the clerk sends copies, with the date of

sending. Service is sufficient despite the death of a party or the party’s counsel.

(e) Payment of Fees. Upon filing a notice of appeal, the appellant must pay the district clerk all

required fees. The district clerk receives the appellate docket fee on behalf of the court of appeals.

Rule 3

Circuit Rule 3

Appeal as of Right—How Taken

There is no corresponding Circuit Rule.

Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case

[Abrogated effective December 1, 1998.]

Rule 3

Rule 4. Appeal as of Right—When Taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal

required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or

order appealed from.

(B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or

order appealed from if one of the parties is:

(i) the United States;

(ii) a United States agency;

(iii) a United States officer or employee sued in an official capacity; or

(iv) 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 –

including all instances in which the United States represents that person when the judgment or order is

entered or files the appeal for that person.

an appeal in a civil case for purposes of Rule 4(a).

(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision

or order—but before the entry of the judgment or order—is treated as filed on the date of and after the

entry.

(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice

of appeal within 14 days after the date when the first notice was filed, or within the time otherwise

prescribed by this Rule 4(a), whichever period ends later.

(4) Effect of a Motion on a Notice of Appeal.

(A) If a party files in the district court any of the following motions under the Federal Rules of

Civil Procedure—and does so within the time allowed by those rules—the time to file an appeal runs for

all parties from the entry of the order disposing of the last such remaining motion:

(i) for judgment under Rule 50(b);

(ii) to amend or make additional factual findings under Rule 52(b), whether or not granting

the motion would alter the judgment;

Rule 4

(iii) for attorney’s fees under Rule 54 if the district court extends the time to appeal under

Rule 58;

(iv) to alter or amend the judgment under Rule 59;

(v) for a new trial under Rule 59; or

(vi) for relief under Rule 60 if the motion is filed within the time allowed for filing a motion

under Rule 59.

(B) (i) If a party files a notice of appeal after the court announces or enters a judgment—but

before it disposes of any motion listed in Rule 4(a)(4)(A)—the notice becomes effective to appeal a

judgment or order, in whole or in part, when the order disposing of the last such remaining motion is

entered.

(ii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(4)(A),

or a judgment’s alteration or amendment upon such a motion, must file a notice of appeal, or an

amended notice of appeal—in compliance with Rule 3(c)—within the time prescribed by this Rule

measured from the entry of the order disposing of the last such remaining motion.

(iii) No additional fee is required to file an amended notice.

(5) Motion for Extension of Time.

(A) The district court may extend the time to file a notice of appeal if:

(i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a)

expires; and

(ii) regardless of whether its motion is filed before or during the 30 days after the time

prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause.

(B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1) or (3) may be ex

parte unless the court requires otherwise. If the motion is filed after the expiration of the prescribed

time, notice must be given to the other parties in accordance with local rules.

after the date when the order granting the motion is entered, whichever is later.

(6) Reopening the Time to File an Appeal. The district court may reopen the time to file an appeal

for a period of 14 days after the date when its order to reopen is entered, but only if all the following

conditions are satisfied:

(A) the court finds that the moving party did not receive notice under Federal Rule of Civil

Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry;

Rule 4

(B) the motion is filed within 180 days after the judgment or order is entered or within 14 days

after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry,

whichever is earlier; and

(7) Entry Defined.

(A) A judgment or order is entered for purposes of this Rule 4(a):

(i) if Federal Rule of Civil Procedure 58(a) does not require a separate document, when the

judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a); or

(ii) if Federal Rule of Civil Procedure 58(a) requires a separate document, when the

judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a) and when

the earlier of these events occurs:

! the judgment or order is set forth on a separate document, or

! 150 days have run from entry of the judgment or order in the civil docket under Federal

Rule of Civil Procedure 79(a).

(B) A failure to set forth a judgment or order on a separate document when required by Federal

Rule of Civil Procedure 58(a) does not affect the validity of an appeal from that judgment or order.

(b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal.

(A) In a criminal case, a defendant’s notice of appeal must be filed in the district court within 14

days after the later of:

(i) the entry of either the judgment or the order being appealed; or

(ii) the filing of the government’s notice of appeal.

(B) When the government is entitled to appeal, its notice of appeal must be filed in the district

court within 30 days after the later of:

(i) the entry of the judgment or order being appealed; or

(ii) the filing of a notice of appeal by any defendant.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision,

sentence, or order—but before the entry of the judgment or order—is treated as filed on the date of and

after the entry.

Rule 4

(3) Effect of a Motion on a Notice of Appeal.

(A) If a defendant timely makes any of the following motions under the Federal Rules of

Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 14 days

after the entry of the order disposing of the last such remaining motion, or within 14 days after the entry

of the judgment of conviction, whichever period ends later. This provision applies to a timely motion:

(i) for judgment of acquittal under Rule 29;

(ii) for a new trial under Rule 33, but if based on newly discovered evidence, only if the

motion is made no later than 14 days after the entry of the judgment; or

(iii) for arrest of judgment under Rule 34.

(B) A notice of appeal filed after the court announces a decision, sentence, or order—but before

it disposes of any of the motions referred to in Rule 4(b)(3)(A)—becomes effective upon the later of the

following:

(i) the entry of the order disposing of the last such remaining motion; or

(ii) the entry of the judgment of conviction.

disposing of any of the motions referred to in Rule 4(b)(3)(A).

(4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the district

court may—before or after the time has expired, with or without motion and notice—extend the time to

file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise

prescribed by this Rule 4(b).

(5) Jurisdiction. The filing of a notice of appeal under this Rule 4(b) does not divest a district court

of jurisdiction to correct a sentence under Federal Rule of Criminal Procedure 35(a), nor does the filing

of a motion under 35(a) affect the validity of a notice of appeal filed before entry of the order disposing

of the motion. The filing of a motion under Federal Rule of Criminal Procedure 35(a) does not suspend

the time for filing a notice of appeal from a judgment of conviction.

(6) Entry Defined. A judgment or order is entered for purposes of this Rule 4(b) when it is entered

on the criminal docket.

(1) If an institution has a system designed for legal mail, an inmate confined there must use that

system to receive the benefit of this Rule 4(c)(1). If an inmate files a notice of appeal in either a civil or

a criminal case, the notice is timely if it is deposited in the institution’s internal mail system on or before

the last day for filing and:

Rule 4

(A) it is accompanied by:

(i) a declaration in compliance with 28 U.S.C. § 1746—or a notarized statement—setting out

the date of deposit and stating that first-class postage is being prepaid; or

(ii) evidence (such as a postmark or date stamp) showing that the notice was so deposited and

that postage was prepaid; or

(B) the court of appeals exercises its discretion to permit the later filing of a declaration or

notarized statement that satisfies Rule 4(c)(1)(A)(i).

(2) If an inmate files the first notice of appeal in a civil case under this Rule 4(c), the 14-day period

provided in Rule 4(a)(3) for another party to file a notice of appeal runs from the date when the district

court dockets the first notice.

(3) When a defendant in a criminal case files a notice of appeal under this Rule 4(c), the 30-day

period for the government to file its notice of appeal runs from the entry of the judgment or order

appealed from or from the district court’s docketing of the defendant’s notice of appeal, whichever is

later.

(d) Mistaken Filing in the Court of Appeals. If a notice of appeal in either a civil or a criminal case is

mistakenly filed in the court of appeals, the clerk of that court must note on the notice the date when it

was received and send it to the district clerk. The notice is then considered filed in the district court on

the date so noted.

Circuit Rule 4

Appeal as of Right—When Taken

There is no corresponding Circuit Rule.

Rule 4

Rule 5. Appeal by Permission

(a) Petition for Permission to Appeal.

(1) To request permission to appeal when an appeal is within the court of appeals’ discretion, a party

must file a petition with the circuit clerk and serve it on all other parties to the district-court action.

(2) The petition must be filed within the time specified by the statute or rule authorizing the appeal

or, if no such time is specified, within the time provided by Rule 4(a) for filing a notice of appeal.

(3) If a party cannot petition for appeal unless the district court first enters an order granting

permission to do so or stating that the necessary conditions are met, the district court may amend its

order, either on its own or in response to a party’s motion, to include the required permission or

statement. In that event, the time to petition runs from entry of the amended order.

(b) Contents of the Petition; Answer or Cross-Petition; Oral Argument.

(1) The petition must include the following:

(A) the facts necessary to understand the question presented;

(B) the question itself;

(D) the reasons why the appeal should be allowed and is authorized by a statute or rule; and

(E) an attached copy of:

(i) the order, decree, or judgment complained of and any related opinion or memorandum,

and

(ii) any order stating the district court’s permission to appeal or finding that the necessary

conditions are met.

(2) A party may file an answer in opposition or a cross-petition within 10 days after the petition is

served.

(3) The petition and answer will be submitted without oral argument unless the court of appeals

orders otherwise.

An original and 3 copies must be filed unless the court requires a different number by local rule or by

order in a particular case. Except by the court’s permission, and excluding the accompanying documents

required by Rule 5(b)(1)(E):

Rule 5

(1) a paper produced using a computer must not exceed 5,200 words; and

(2) a handwritten or typewritten paper must not exceed 20 pages.

(d) Grant of Permission; Fees; Cost Bond; Filing the Record.

(1) Within 14 days after the entry of the order granting permission to appeal, the appellant must:

(A) pay the district clerk all required fees; and

(B) file a cost bond if required under Rule 7.

(2) A notice of appeal need not be filed. The date when the order granting permission to appeal is

entered serves as the date of the notice of appeal for calculating time under these rules.

(3) The district clerk must notify the circuit clerk once the petitioner has paid the fees. Upon

receiving this notice, the circuit clerk must enter the appeal on the docket. The record must be

forwarded and filed in accordance with Rules 11 and 12(c).

Circuit Rule 5

Appeal by Permission

(a) Certificate of Parties and Disclosure Statement to be Attached. A certificate of parties and

amici curiae, as described in Circuit Rule 28(a)(1)(A), and a disclosure statement, as described in

FRAP 26.1 and Circuit Rule 26.1, must be attached as an addendum to the petition. Any required

disclosure statement must also be attached to any answer to the petition.

(b) Reply. A party may file a reply to an answer within 7 days after the answer is served. A reply

may not exceed 2,600 words if produced using a computer, and may not exceed 10 pages if

handwritten or typewritten.

petition, cross-petition, answer, and reply must be filed with the clerk.

(d) Motions to Extend Time or Exceed Length Limits. Motions to extend time for filing answers

or replies and motions to exceed length limits for petitions, answers, and replies are governed by

Circuit Rule 27(g)-(h).

Rule 5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5)

[Abrogated effective December 1, 1998.]

Rule 5

Rule 6. Appeal in a Bankruptcy Case

(a) Appeal from a Judgment, Order, or Decree of a District Court Exercising Original

Jurisdiction in a Bankruptcy Case. An appeal to a court of appeals from a final judgment, order, or

decree of a district court exercising jurisdiction under 28 U.S.C. § 1334 is taken as any other civil appeal

under these rules.

(b) Appeal from a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel

Exercising Appellate Jurisdiction in a Bankruptcy Case.

(1) Applicability of Other Rules. These rules apply to an appeal to a court of appeals under 28

U.S.C. § 158(d)(1) from a final judgment, order, or decree of a district court or bankruptcy appellate

panel exercising appellate jurisdiction under 28 U.S.C. § 158(a) or (b), but with these qualifications:

(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(c), 13-20, 22-23, and 24(b) do not apply;

(B) the reference in Rule 3(c) to "Forms 1A and 1B in the Appendix of Forms" must be read as a

reference to Form 5;

applicable rule, means "appellate panel"; and

(D) in Rule 12.1, "district court" includes a bankruptcy court or bankruptcy appellate panel.

(2) Additional Rules. In addition to the rules made applicable by Rule 6(b)(1), the following rules

apply:

(A) Motion for Rehearing.

(i) If a timely motion for rehearing under Bankruptcy Rule 8022 is filed, the time to appeal for

all parties runs from the entry of the order disposing of the motion. A notice of appeal filed after the

district court or bankruptcy appellate panel announces or enters a judgment, order, or decree–but before

disposition of the motion for rehearing–becomes effective when the order disposing of the motion for

rehearing is entered.

(ii) If a party intends to challenge the order disposing of the motion–or the alteration or

amendment of a judgment, order, or decree upon the motion–then the party, in compliance with Rules

3(c) and 6(b)(1)(B), must file a notice of appeal or amended notice of appeal. The notice or amended

notice must be filed within the time prescribed by Rule 4–excluding Rules 4(a)(4) and 4(b)–measured

from the entry of the order disposing of the motion.

(iii) No additional fee is required to file an amended notice.

Rule 6

(B) The Record on Appeal.

(i) Within 14 days after filing the notice of appeal, the appellant must file with the clerk

possessing the record assembled in accordance with Bankruptcy Rule 8009–and serve on the appellee–a

statement of the issues to be presented on appeal and a designation of the record to be certified and made

available to the circuit clerk.

(ii) An appellee who believes that other parts of the record are necessary must, within 14

days after being served with the appellant’s designation, file with the clerk and serve on the appellant a

designation of additional parts to be included.

(iii) The record on appeal consists of:

! the redesignated record as provided above;

! the proceedings in the district court or bankruptcy appellate panel; and

! a certified copy of the docket entries prepared by the clerk under Rule 3(d).

(i) When the record is complete, the district clerk or bankruptcy-appellate-panel clerk must

number the documents constituting the record and promptly make it available to the circuit clerk. If the

clerk makes the record available in paper form, the clerk will not send documents of unusual bulk or

weight, physical exhibits other than documents, or other parts of the record designated for omission by

local rule of the court of appeals, unless directed to do so by a party or the circuit clerk. If unusually

bulky or heavy exhibits are to be made available in paper form, a party must arrange with the clerks in

advance for their transportation and receipt.

(ii) All parties must do whatever else is necessary to enable the clerk to assemble the record

and make it available. When the record is made available in paper form, the court of appeals may

provide by rule or order that a certified copy of the docket entries be made available in place of the

redesignated record. But any party may request at any time during the pendency of the appeal that the

redesignated record be made available.

(D) Filing the Record. When the district clerk or bankruptcy-appellate-panel clerk has made the

record available, the circuit clerk must note that fact on the docket. The date noted on the docket serves

as the filing date of the record. The circuit clerk must immediately notify all parties of the filing date.

(1) Applicability of Other Rules. These rules apply to a direct appeal by permission under 28

U.S.C. § 158(d)(2), but with these qualifications:

(A) Rules 3-4, 5(a)(3), 6(a), 6(b), 8(a), 8(c), 9-12, 13-20, 22-23, and 24(b) do not apply;

Rule 6

(B) as used in any applicable rule, "district court" or "district clerk" includes–to the extent

appropriate–a bankruptcy court or bankruptcy appellate panel or its clerk; and

6(c)(2)(B) and (C).

(2) Additional Rules. In addition, the following rules apply:

(A) The Record on Appeal. Bankruptcy Rule 8009 governs the record on appeal.

(B) Making the Record Available. Bankruptcy Rule 8010 governs completing the record and

making it available.

(D) Duties of the Circuit Clerk. When the bankruptcy clerk has made the record available, the

circuit clerk must note that fact on the docket. The date noted on the docket serves as the filing date of

the record. The circuit clerk must immediately notify all parties of the filing date.

(E) Filing a Representation Statement. Unless the court of appeals designates another time,

within 14 days after entry of the order granting permission to appeal, the attorney who sought permission

must file a statement with the circuit clerk naming the parties that the attorney represents on appeal.

Circuit Rule 6

Appeal in a Bankruptcy Case

There is no corresponding Circuit Rule.

Rule 6

Rule 7. Bond for Costs on Appeal in a Civil Case

In a civil case, the district court may require an appellant to file a bond or provide other security in

any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety on a

bond given under this rule.

Circuit Rule 7

Bond for Costs on Appeal in a Civil Case

There is no corresponding Circuit Rule.

Rule 7

Rule 8. Stay or Injunction Pending Appeal

(a) Motion for Stay.

(1) Initial Motion in the District Court. A party must ordinarily move first in the district court for

the following relief:

(A) a stay of the judgment or order of a district court pending appeal;

(B) approval of a bond or other security provided to obtain a stay of judgment; or

pending.

(2) Motion in the Court of Appeals; Conditions on Relief. A motion for the relief mentioned in

Rule 8(a)(1) may be made to the court of appeals or to one of its judges.

(A) The motion must:

(i) show that moving first in the district court would be impracticable; or

(ii) state that, a motion having been made, the district court denied the motion or failed to

afford the relief requested and state any reasons given by the district court for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and the facts relied on;

(ii) originals or copies of affidavits or other sworn statements supporting facts subject to

dispute; and

(iii) relevant parts of the record.

(D) A motion under this Rule 8(a)(2) must be filed with the circuit clerk and normally will be

considered by a panel of the court. But in an exceptional case in which time requirements make that

procedure impracticable, the motion may be made to and considered by a single judge.

(E) The court may condition relief on a party’s filing a bond or other appropriate security in the

district court.

(b) Proceeding Against a Security Provider. If a party gives security with one or more security

providers, each provider submits to the jurisdiction of the district court and irrevocably appoints the

district clerk as its agent on whom any papers affecting its liability on the security may be served. On

motion, a security provider’s liability may be enforced in the district court without the necessity of an

Rule 8

independent action. The motion and any notice that the district court prescribes may be served on the

district clerk, who must promptly send a copy to each security provider whose address is known.

criminal case.

Circuit Rule 8

Stay and Emergency Relief Pending Appeal from a Judgment or Order of the District Court

(a) Criteria; Service.

(1) A motion for a stay of a judgment or of an order of the district court or any other motion

seeking emergency relief must state whether such relief was previously requested from the district

court and the ruling on that request. The motion must state the reasons for granting the stay or other

emergency relief sought and discuss, with specificity, each of the following factors: (i) the likelihood

that the moving party will prevail on the merits; (ii) the prospect of irreparable injury to the moving

party if relief is withheld; (iii) the possibility of harm to other parties if relief is granted; and (iv) the

public interest.

(2) Except in extraordinary circumstances, for any motion that is not filed electronically and for

any party who has not consented to electronic service, the motion must be served by hand or, in the

case of a party located outside the greater Washington metropolitan area, by other form of expedited

service. The movant must attempt to notify the opposing side by telephone in advance of the filing of

the motion and describe in the motion the efforts made to so notify the opposing side.

(3) There must be attached to each copy of the motion a copy of the judgment or order involved,

and of any pertinent decision, memorandum, opinion, or findings issued by the district court. If the

district court's reasons were given orally, the pertinent extract from the reporter's transcript must be

attached, if available.

(4) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a

disclosure statement, as described in FRAP 26.1 and Circuit Rule 26.1, must be attached as an

addendum to the motion, and any required disclosure statement must also be attached to any response

to the motion, unless such documents have been filed previously with the court.

(b) Dispositive Motion Combined with Motion for Stay or Opposition Thereto. A party filing or

opposing a motion for a stay or other emergency relief may, in addition or in the alternative, file a

motion to dispose of the appeal in its entirety. A response to a motion for a stay or other emergency

relief that is combined with a dispositive motion, the combined reply and response thereto, and the

reply in support of the dispositive motion are governed by Circuit Rule 27(c).

See also Circuit Rule 18 (Stay Pending Review of an Agency Order), Circuit Rule 25 (Filing and

Service), and Circuit Rule 27 (Motions).

Rule 8

Rule 9. Release in a Criminal Case

(a) Release Before Judgment of Conviction.

(1) The district court must state in writing, or orally on the record, the reasons for an order regarding

the release or detention of a defendant in a criminal case. A party appealing from the order must file

with the court of appeals a copy of the district court's order and the court's statement of reasons as soon

as practicable after filing the notice of appeal. An appellant who questions the factual basis for the

district court's order must file a transcript of the release proceedings or an explanation of why a

transcript was not obtained.

(2) After reasonable notice to the appellee, the court of appeals must promptly determine the appeal

on the basis of the papers, affidavits, and parts of the record that the parties present or the court requires.

Unless the court so orders, briefs need not be filed.

(3) The court of appeals or one of its judges may order the defendant's release pending the

disposition of the appeal.

(b) Release After Judgment of Conviction. A party entitled to do so may obtain review of a

district-court order regarding release after a judgment of conviction by filing a notice of appeal from that

order in the district court, or by filing a motion in the court of appeals if the party has already filed a

notice of appeal from the judgment of conviction. Both the order and the review are subject to Rule

9(a). The papers filed by the party seeking review must include a copy of the judgment of conviction.

applicable provisions of 18 U.S.C. §§ 3142, 3143, and 3145(c).

Circuit Rule 9

Release in a Criminal Case

(a) Appeal from a Pretrial Release or Detention Order. An appeal from a pretrial release or

detention order must be expedited. Appellant must make immediate arrangements for preparation of

all necessary transcripts, including the transcript of proceedings before a magistrate judge, and notify

the court in writing of those arrangements. Unless otherwise ordered by the court or a judge thereof,

the following schedule will apply:

(1) Not later than 10 days after the transcript of record is filed, the appellant must serve and file

an original and 4 copies of a memorandum of law and fact setting forth as many of the matters

required by Circuit Rule 9(b) as are relevant. The memorandum of law and fact must be

accompanied by a copy of the order under review and the statement of reasons (including related

findings of fact and conclusions of law) entered by the district court.

Rule 9

(2) The appellee may file a responsive memorandum not later than 10 days after the filing of

appellant’s memorandum.

(3) The appellant may file a memorandum in reply within 7 days after the filing of appellee's

memorandum.

(4) The memorandum, any response thereto, and the reply must comply with FRAP 27(d)(1)-(2).

For the government, any disclosure statement required by FRAP 26.1(b) must be filed with the

memorandum of law and fact or any response thereto, unless the statement has been filed previously

with the court.

(5) The appeal will be determined by a panel of the court on the record and pleadings filed, unless

oral argument is directed by the court.

(b) Release Pending Appeal from a Judgment of Conviction. The applicant must file an original

and 4 copies of an application pertaining to release pending appeal from a judgment of conviction.

The application, any response thereto, and a reply to the response must comply with FRAP 27(d)(1)-

(2). The space limitations imposed by FRAP 27(d)(2) may be exceeded only if authorized by order of

the court, or a judge thereof, on motion showing good cause. For the government, any disclosure

statement required by FRAP 26.1(b) must be filed with any response to the application, unless the

statement has been filed previously with the court. The application must contain, in the following

order:

(1) The name of the applicant, the district court number of the case, the offense of conviction, and

the date and terms of sentence.

(2) The reasons given by the district court for the denial or, in the absence of reasons stated by the

district court, an account of the facts and reasons relevant to that court's failure to grant the relief

sought by the applicant.

(3) Where the applicant is the defendant, a concise statement of the question or questions in-

volved in the appeal, with a showing that the appeal raises a substantial question of law or fact likely

to result in reversal or in an order for a new trial. See also FRAP 9(c). Sufficient facts must be set

forth to present the essential background and the manner in which the question or questions arose in

the district court.

(4) Where the applicant is the defendant, a certificate by counsel, or by the applicant if acting pro

se, that the appeal is not taken for delay.

(5) The application will be ruled upon by a panel of the court.

Rule 9

Rule 10. The Record on Appeal

(a) Composition of the Record on Appeal. The following items constitute the record on appeal:

(1) the original papers and exhibits filed in the district court;

(2) the transcript of proceedings, if any; and

(3) a certified copy of the docket entries prepared by the district clerk.

(b) The Transcript of Proceedings.

(1) Appellant's Duty to Order. Within 14 days after filing the notice of appeal or entry of an order

disposing of the last timely remaining motion of a type specified in Rule 4(a)(4)(A), whichever is later,

the appellant must do either of the following:

(A) order from the reporter a transcript of such parts of the proceedings not already on file as the

appellant considers necessary, subject to a local rule of the court of appeals and with the following

qualifications:

(i) the order must be in writing;

(ii) if the cost of the transcript is to be paid by the United States under the Criminal Justice

Act, the order must so state; and

(iii) the appellant must, within the same period, file a copy of the order with the district clerk;

(B) file a certificate stating that no transcript will be ordered.

(2) Unsupported Finding or Conclusion. If the appellant intends to urge on appeal that a finding

or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant must include in

the record a transcript of all evidence relevant to that finding or conclusion.

(3) Partial Transcript. Unless the entire transcript is ordered:

(A) the appellant must—within the 14 days provided in Rule 10(b)(1)—file a statement of the

issues that the appellant intends to present on the appeal and must serve on the appellee a copy of both

the order or certificate and the statement;

(B) if the appellee considers it necessary to have a transcript of other parts of the proceedings, the

appellee must, within 14 days after the service of the order or certificate and the statement of the issues,

file and serve on the appellant a designation of additional parts to be ordered; and

Rule 10

parts, and has so notified the appellee, the appellee may within the following 14 days either order the

parts or move in the district court for an order requiring the appellant to do so.

(4) Payment. At the time of ordering, a party must make satisfactory arrangements with the reporter

for paying the cost of the transcript.

Unavailable. If the transcript of a hearing or trial is unavailable, the appellant may prepare a statement

of the evidence or proceedings from the best available means, including the appellant's recollection. The

statement must be served on the appellee, who may serve objections or proposed amendments within 14

days after being served. The statement and any objections or proposed amendments must then be

submitted to the district court for settlement and approval. As settled and approved, the statement must

be included by the district clerk in the record on appeal.

(d) Agreed Statement as the Record on Appeal. In place of the record on appeal as defined in Rule

10(a), the parties may prepare, sign, and submit to the district court a statement of the case showing how

the issues presented by the appeal arose and were decided in the district court. The statement must set

forth only those facts averred and proved or sought to be proved that are essential to the court's

resolution of the issues. If the statement is truthful, it—together with any additions that the district court

may consider necessary to a full presentation of the issues on appeal—must be approved by the district

court and must then be certified to the court of appeals as the record on appeal. The district clerk must

then send it to the circuit clerk within the time provided by Rule 11. A copy of the agreed statement may

be filed in place of the appendix required by Rule 30.

(e) Correction or Modification of the Record.

(1) If any difference arises about whether the record truly discloses what occurred in the district

court, the difference must be submitted to and settled by that court and the record conformed

accordingly.

(2) If anything material to either party is omitted from or misstated in the record by error or accident,

the omission or misstatement may be corrected and a supplemental record may be certified and

forwarded:

(A) on stipulation of the parties;

(B) by the district court before or after the record has been forwarded; or

(3) All other questions as to the form and content of the record must be presented to the court of

appeals.

Rule 10

Circuit Rule 10

The Record on Appeal

There is no corresponding Circuit Rule.

Rule 10

Rule 11. Forwarding the Record

(a) Appellant's Duty. An appellant filing a notice of appeal must comply with Rule 10(b) and must do

whatever else is necessary to enable the clerk to assemble and forward the record. If there are multiple

appeals from a judgment or order, the clerk must forward a single record.

(b) Duties of Reporter and District Clerk.

(1) Reporter's Duty to Prepare and File a Transcript. The reporter must prepare and file a

transcript as follows:

(A) Upon receiving an order for a transcript, the reporter must enter at the foot of the order the

date of its receipt and the expected completion date and send a copy, so endorsed, to the circuit clerk.

(B) If the transcript cannot be completed within 30 days of the reporter's receipt of the order, the

reporter may request the circuit clerk to grant additional time to complete it. The clerk must note on the

docket the action taken and notify the parties.

circuit clerk of the filing.

(D) If the reporter fails to file the transcript on time, the circuit clerk must notify the district

judge and do whatever else the court of appeals directs.

(2) District Clerk's Duty to Forward. When the record is complete, the district clerk must number

the documents constituting the record and send them promptly to the circuit clerk together with a list of

the documents correspondingly numbered and reasonably identified. Unless directed to do so by a party

or the circuit clerk, the district clerk will not send to the court of appeals documents of unusual bulk or

weight, physical exhibits other than documents, or other parts of the record designated for omission by

local rule of the court of appeals. If the exhibits are unusually bulky or heavy, a party must arrange with

the clerks in advance for their transportation and receipt.

parties may stipulate, or the district court on motion may order, that the district clerk retain the record

temporarily for the parties to use in preparing the papers on appeal. In that event the district clerk must

certify to the circuit clerk that the record on appeal is complete. Upon receipt of the appellee's brief, or

earlier if the court orders or the parties agree, the appellant must request the district clerk to forward the

record.

(d) [Abrogated.]

(e) Retaining the Record by Court Order.

(1) The court of appeals may, by order or local rule, provide that a certified copy of the docket

entries be forwarded instead of the entire record. But a party may at any time during the appeal request

that designated parts of the record be forwarded.

Rule 11

(2) The district court may order the record or some part of it retained if the court needs it while the

appeal is pending, subject, however, to call by the court of appeals.

(3) If part or all of the record is ordered retained, the district clerk must send to the court of appeals a

copy of the order and the docket entries together with the parts of the original record allowed by the

district court and copies of any parts of the record designated by the parties.

(f) Retaining Parts of the Record in the District Court by Stipulation of the Parties. The parties

may agree by written stipulation filed in the district court that designated parts of the record be retained

in the district court subject to call by the court of appeals or request by a party. The parts of the record

so designated remain a part of the record on appeal.

(g) Record for a Preliminary Motion in the Court of Appeals. If, before the record is forwarded, a

party makes any of the following motions in the court of appeals:

! for dismissal;

! for release;

! for a stay pending appeal;

! for additional security on the bond on appeal or on a bond or other security provided to obtain

a stay of judgment; or

! for any other intermediate order—

the district clerk must send the court of appeals any parts of the record designated by any party.

Circuit Rule 11

Forwarding the Record on Appeal from

a Judgment or Order of the District Court

(a) When Forwarded. Except as provided in Circuit Rule 47.2, the record in all cases must be

forwarded to this court by the clerk of the district court at a time designated by the clerk of this court.

(b) Transcript in Criminal Case. The court reporter must expedite the preparation and furnishing

of the transcript. A copy of any order of the district court directing that transcripts be furnished to

appellant must be forwarded by the clerk of the district court to this court.

See also Circuit Rule 47.1 (Matters Under Seal).

Rule 11

Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record

(a) Docketing the Appeal. Upon receiving the copy of the notice of appeal and the docket entries from

the district clerk under Rule 3(d), the circuit clerk must docket the appeal under the title of the

district-court action and must identify the appellant, adding the appellant's name if necessary.

(b) Filing a Representation Statement. Unless the court of appeals designates another time, the

attorney who filed the notice of appeal must, within 14 days after filing the notice, file a statement with

the circuit clerk naming the parties that the attorney represents on appeal.

district clerk's certificate as provided in Rule 11, the circuit clerk must file it and immediately notify all

parties of the filing date.

Circuit Rule 12

Docketing Statement in Appeal from a Judgment or Order of the District Court;

Statement by Appellee, Intervenor, or Amicus Curiae

(a) Timing. As directed by the court, appellant must file a docketing statement and serve a copy on

all parties and amici curiae appearing at that time.

(b) Docketing Statement Form. The docketing statement must be on a form furnished by the clerk's

office and contain such information as the form prescribes. An incomplete docketing statement will

be lodged, and the party submitting it will be directed to provide a conforming one.

prepared by appellant setting forth the information required by Circuit Rule 28(a)(1).

(d) Knowledge and Information. The docketing statement and the provisional certificate will be

prepared on the basis of the knowledge and information reasonably available to appellant at the time

of filing.

(e) Errors in Docketing Statement. Any party or amicus curiae must bring any errors in the

docketing statement or provisional certificate to the attention of the clerk by letter served on all

parties and amici within 7 days of service of the docketing statement.

(f) Statement by Appellee, Intervenor, or Amicus Curiae. Within 7 days of service of the

docketing statement, an appellee must file with the court any statement required by FRAP 26.1 and

Circuit Rule 26.1.

Rule 12

Any disclosure statement required by Circuit Rule 26.1 must accompany a motion to intervene, a

written representation of consent to participate as amicus curiae, or a motion for leave to participate

as amicus.

See also Circuit Rule 46 (Attorneys; Appearance by Law Student).

Rule 12

Rule 12.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief that Is

Barred by a Pending Appeal

(a) Notice to the Court of Appeals. If a timely motion is made in the district court for relief that it

lacks authority to grant because of an appeal that has been docketed and is pending, the movant must

promptly notify the circuit clerk if the district court states either that it would grant the motion or that the

motion raises a substantial issue.

(b) Remand After an Indicative Ruling. If the district court states that it would grant the motion or

that the motion raises a substantial issue, the court of appeals may remand for further proceedings but

retains jurisdiction unless it expressly dismisses the appeal. If the court of appeals remands but retains

jurisdiction, the parties must promptly notify the circuit clerk when the district court has decided the

motion on remand.

Circuit Rule 12.1

Remand After an Indicative Ruling by the District Court on a

Motion for Relief that Is Barred by a Pending Appeal

See Circuit Rule 41(b) (Issuance of Mandate; Stay of Mandate; Remand).

Rule 12.1

TITLE III. REVIEW OF A DECISION OF THE UNITED STATES TAX COURT

Rule 13. Appeals from the Tax Court

(a) Appeal as of Right.

(1) How Obtained; Time for Filing a Notice of Appeal.

(A) An appeal as of right from the United States Tax Court is commenced by filing a notice of

appeal with the Tax Court clerk within 90 days after the entry of the Tax Court's decision. At the time of

filing, the appellant must furnish the clerk with enough copies of the notice to enable the clerk to comply

with Rule 3(d). If one party files a timely notice of appeal, any other party may file a notice of appeal

within 120 days after the Tax Court's decision is entered.

(B) If, under Tax Court rules, a party makes a timely motion to vacate or revise the Tax Court's

decision, the time to file a notice of appeal runs from the entry of the order disposing of the motion or

from the entry of a new decision, whichever is later.

(2) Notice of Appeal; How Filed. The notice of appeal may be filed either at the Tax Court clerk's

office in the District of Columbia or by sending it to the clerk. If sent by mail the notice is considered

filed on the postmark date, subject to § 7502 of the Internal Revenue Code, as amended, and the

applicable regulations.

(3) Contents of the Notice of Appeal; Service; Effect of Filing and Service. Rule 3 prescribes the

contents of a notice of appeal, the manner of service, and the effect of its filing and service. Form 2 in

the Appendix of Forms is a suggested form of a notice of appeal.

(4) The Record on Appeal; Forwarding; Filing.

(A) Except as otherwise provided under Tax Court rules for the transcript of proceedings, the

appeal is governed by the parts of Rules 10, 11, and 12 regarding the record on appeal from a district

court, the time and manner of forwarding and filing, and the docketing in the court of appeals.

(B) If an appeal is taken to more than one court of appeals, the original record must be sent to the

court named in the first notice of appeal filed. In an appeal to any other court of appeals, the appellant

must apply to that other court to make provision for the record.

(b) Appeal by Permission. An appeal by permission is governed by Rule 5.

Circuit Rule 13

Appeals from the Tax Court

There is no corresponding Circuit Rule.

Rule 13

Rule 14. Applicability of Other Rules to Appeals from the Tax Court

All provisions of these rules, except Rules 4, 6-9, 15-20, and 22-23, apply to appeals from the Tax

Court. References in any applicable rule (other than Rule 24(a)) to the district court and district clerk are

to be read as referring to the Tax Court and its clerk.

Circuit Rule 14

Applicability of Other Rules to Appeals from the Tax Court

There is no corresponding Circuit Rule.

Rule 14

TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN

ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER

Rule 15. Review or Enforcement of an Agency Order—How Obtained; Intervention

(a) Petition for Review; Joint Petition.

(1) Review of an agency order is commenced by filing, within the time prescribed by law, a petition

for review with the clerk of a court of appeals authorized to review the agency order. If their interests

make joinder practicable, two or more persons may join in a petition to the same court to review the

same order.

(2) The petition must:

(A) name each party seeking review either in the caption or the body of the petition—using such

terms as "et al.," "petitioners," or "respondents" does not effectively name the parties;

(B) name the agency as a respondent (even though not named in the petition, the United States is

a respondent if required by statute); and

(3) Form 3 in the Appendix of Forms is a suggested form of a petition for review.

(4) In this rule "agency" includes an agency, board, commission, or officer; "petition for review"

includes a petition to enjoin, suspend, modify, or otherwise review, or a notice of appeal, whichever

form is indicated by the applicable statute.

(b) Application or Cross-Application to Enforce an Order; Answer; Default.

(1) An application to enforce an agency order must be filed with the clerk of a court of appeals

authorized to enforce the order. If a petition is filed to review an agency order that the court may

enforce, a party opposing the petition may file a cross-application for enforcement.

(2) Within 21 days after the application for enforcement is filed, the respondent must serve on the

applicant an answer to the application and file it with the clerk. If the respondent fails to answer in time,

the court will enter judgment for the relief requested.

(3) The application must contain a concise statement of the proceedings in which the order was

entered, the facts upon which venue is based, and the relief requested.

review, or an application or cross-application to enforce an agency order, on each respondent as

prescribed by Rule 3(d), unless a different manner of service is prescribed by statute. At the time of

filing, the petitioner must:

Rule 15

(1) serve, or have served, a copy on each party admitted to participate in the agency proceedings,

except for the respondents;

(2) file with the clerk a list of those so served; and

(3) give the clerk enough copies of the petition or application to serve each respondent.

(d) Intervention. Unless a statute provides another method, a person who wants to intervene in a

proceeding under this rule must file a motion for leave to intervene with the circuit clerk and serve a

copy on all parties. The motion—or other notice of intervention authorized by statute—must be filed

within 30 days after the petition for review is filed and must contain a concise statement of the interest of

the moving party and the grounds for intervention.

(e) Payment of Fees. When filing any separate or joint petition for review in a court of appeals, the

petitioner must pay the circuit clerk all required fees.

Circuit Rule 15

Petition for Review or Appeal from Agency Action; Docketing Statement

(a) Service of Petition for Review. In carrying out the service obligations of FRAP 15(c), in cases

involving informal agency rulemaking such as, for example, those conducted pursuant to 5 U.S.C. §

553, a petitioner or appellant need serve copies only on the respondent agency, and on the United

States if required by statute, see, e.g., 28 U.S.C. § 2344.

(b) Intervention. For purposes of FRAP 15(d), a motion to intervene in a case before this court

regarding review of agency action must be served on all parties to the case before the court. A motion

to intervene in a case before this court concerning direct review of an agency action will be deemed a

motion to intervene in all cases before this court involving the same agency action or order, including

later filed cases, unless the moving party specifically states otherwise, and an order granting such

motion has the effect of granting intervention in all such cases.

(1) Timing. As directed by the court, appellant or petitioner must file a docketing statement and

serve a copy on all parties (including intervenors) and amici curiae appearing before this court at that

time.

(2) Docketing Statement Form. The docketing statement must be on a form furnished by the

clerk's office and contain such information as the form prescribes. In cases involving direct review in

this court of administrative actions, the docketing statement must contain a brief statement of the

basis for the appellant’s or petitioner’s claim of standing. This statement may include reference to

arguments, evidence, or the administrative record supporting the claim of standing. See Sierra Club

Rule 15

v. EPA, 292 F.3d 895, 900-01 (D.C. Cir. 2002). An incomplete docketing statement will be lodged,

and the party submitting it will be directed to provide a conforming one.

(3) Provisional Certificate. Attached to the docketing statement must be a provisional certificate

prepared by appellant or petitioner setting forth the information required by Circuit Rule 28(a)(1).

(4) Knowledge and Information. The docketing statement and the provisional certificate will

be prepared on the basis of the knowledge and information reasonably available to appellant or

petitioner at the time of filing.

(5) Errors in Docketing Statement. Any party or amicus curiae must bring any errors in the

docketing statement or provisional certificate to the attention of the clerk by letter served on all

parties and amici within 7 days of service of the docketing statement.

(6) Statement by Respondent, Appellee, Intervenor, or Amicus Curiae. Within 7 days of

service of the docketing statement, a respondent or appellee must file with the court any statement

required by Circuit Rule 26.1. Any disclosure statement required by Circuit Rule 26.1 must

accompany a motion to intervene, a written representation of consent to participate as amicus curiae,

or a motion for leave to participate as amicus.

Rule 15

Rule 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding

In either an enforcement or a review proceeding, a party adverse to the National Labor Relations

Board proceeds first on briefing and at oral argument, unless the court orders otherwise.

Circuit Rule 15.1

Briefs and Oral Argument in National Labor Relations

Board and Federal Labor Relations Authority Proceedings

The provisions of FRAP 15.1 also apply to parties adverse to the Federal Labor Relations

Authority in an enforcement or a review proceeding.

Rule 15.1

Rule 16. The Record on Review or Enforcement

(a) Composition of the Record. The record on review or enforcement of an agency order consists of:

(1) the order involved;

(2) any findings or report on which it is based; and

(3) the pleadings, evidence, and other parts of the proceedings before the agency.

(b) Omissions from or Misstatements in the Record. The parties may at any time, by stipulation,

supply any omission from the record or correct a misstatement, or the court may so direct. If necessary,

the court may direct that a supplemental record be prepared and filed.

Circuit Rule 16

The Record on Review or Enforcement

There is no corresponding Circuit Rule.

____________________________________________________________________________________

Rule 16

____________________________________________________________________________________

Rule 17. Filing the Record

(a) Agency to File; Time for Filing; Notice of Filing. The agency must file the record with the circuit

clerk within 40 days after being served with a petition for review, unless the statute authorizing review

provides otherwise, or within 40 days after it files an application for enforcement unless the respondent

fails to answer or the court orders otherwise. The court may shorten or extend the time to file the record.

The clerk must notify all parties of the date when the record is filed.

(b) Filing—What Constitutes.

(1) The agency must file:

(A) the original or a certified copy of the entire record or parts designated by the parties; or

(B) a certified list adequately describing all documents, transcripts of testimony, exhibits, and other

material constituting the record, or describing those parts designated by the parties.

(2) The parties may stipulate in writing that no record or certified list be filed. The date when the

stipulation is filed with the circuit clerk is treated as the date when the record is filed.

(3) The agency must retain any portion of the record not filed with the clerk. All parts of the record

retained by the agency are a part of the record on review for all purposes and, if the court or a party so

requests, must be sent to the court regardless of any prior stipulation.

Circuit Rule 17

Filing the Record for Review or Enforcement of an Agency Order

(a) Immigration Case. On petition for review in immigration matters, the Executive Office for

Immigration Review must transmit the record to this court within 40 days after the filing of the

petition for review.

(b) Other Agency Case. On petition for review or on direct appeal of any other agency action, the

agency must transmit a certified list of the contents of the administrative record to the court within 40

days after the filing of the petition for review or direct appeal, unless the court issues a scheduling

order establishing a different deadline; and should not transmit any other portion of the record to this

court unless the court so requests.

See also Circuit Rule 47.1 (Matters Under Seal).

Rule 17

Rule 18. Stay Pending Review

(a) Motion for a Stay.

(1) Initial Motion Before the Agency. A petitioner must ordinarily move first before the agency for

a stay pending review of its decision or order.

(2) Motion in the Court of Appeals. A motion for a stay may be made to the court of appeals or

one of its judges.

(A) The motion must:

(i) show that moving first before the agency would be impracticable; or

(ii) state that, a motion having been made, the agency denied the motion or failed to afford

the relief requested and state any reasons given by the agency for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and the facts relied on;

(ii) originals or copies of affidavits or other sworn statements supporting facts subject to

dispute; and

(iii) relevant parts of the record.

(D) The motion must be filed with the circuit clerk and normally will be considered by a panel of

the court. But in an exceptional case in which time requirements make that procedure impracticable, the

motion may be made to and considered by a single judge.

(b) Bond. The court may condition relief on the filing of a bond or other appropriate security.

Circuit Rule 18

Stay and Emergency Relief Pending Review of an Agency Order

(a) Criteria; Service.

(1) A motion for a stay of an order of an agency or any other motion seeking emergency relief

must state whether such relief was previously requested from the agency and the ruling on that

request. The motion must state the reasons for granting the stay or other emergency relief sought and

discuss, with specificity, each of the following factors: (i) the likelihood that the moving party will

Rule 18

prevail on the merits; (ii) the prospect of irreparable injury to the moving party if relief is withheld;

(iii) the possibility of harm to other parties if relief is granted; and (iv) the public interest.

(2) Except in extraordinary circumstances, for any motion that is not filed electronically and for

any party who has not consented to electronic service, the motion must be served by hand or, in the

case of a party located outside the greater Washington metropolitan area, by other form of expedited

service. The movant must attempt to notify the opposing side by telephone in advance of the filing of

the motion and describe in the motion the efforts made to so notify the opposing side.

(3) There must be attached to each copy of the motion a copy of the order involved, and of any

pertinent rule, decision, memorandum, opinion, or findings issued by the agency.

(4) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a

disclosure statement, as described in Circuit Rule 26.1, must be attached as an addendum to the

motion, and any required disclosure statement must also be attached to any response to the motion,

unless such documents have been filed previously with the court.

(b) Dispositive Motion Combined with Motion for Stay or Opposition Thereto. A party filing or

opposing a motion for a stay or other emergency relief may, in addition or in the alternative, file a

motion to dispose of the petition for review or direct appeal in its entirety. A response to a motion for

a stay or other emergency relief that is combined with a dispositive motion, the combined reply and

response thereto, and the reply in support of the dispositive motion are governed by Circuit Rule

27(c).

See also Circuit Rule 8 (Stay and Emergency Relief Pending Appeal from a Judgment or Order of

the District Court), Circuit Rule 25 (Filing and Service), and Circuit Rule 27 (Motions).

Rule 18

Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part

When the court files an opinion directing entry of judgment enforcing the agency's order in part, the

agency must within 14 days file with the clerk and serve on each other party a proposed judgment

conforming to the opinion. A party who disagrees with the agency's proposed judgment must within 10

days file with the clerk and serve the agency with a proposed judgment that the party believes conforms

to the opinion. The court will settle the judgment and direct entry without further hearing or argument.

Circuit Rule 19

Settlement of a Judgment Enforcing

an Agency Order in Part

There is no corresponding Circuit Rule.

Rule 19

Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order

All provisions of these rules, except Rules 3-14 and 22-23, apply to the review or enforcement of an

agency order. In these rules, "appellant" includes a petitioner or applicant, and "appellee" includes a

respondent.

Circuit Rule 20

Applicability of Rules to the Review

or Enforcement of an Agency Order

There is no corresponding Circuit Rule.

Rule 20

TITLE V. EXTRAORDINARY WRITS

Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing.

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the

petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party

must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other

than the petitioner are respondents for all purposes.

(2) (A) The petition must be titled "In re [name of petitioner]."

(B) The petition must state:

(i) the relief sought;

(ii) the issues presented;

(iii) the facts necessary to understand the issue presented by the petition; and

(iv) the reasons why the writ should issue.

essential to understand the matters set forth in the petition.

(3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the

court.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if

any, to answer within a fixed time.

(2) The clerk must serve the order to respond on all persons directed to respond.

(3) Two or more respondents may answer jointly.

(4) The court of appeals may invite or order the trial-court judge to address the petition or may invite

an amicus curiae to do so. The trial-court judge may request permission to address the petition but may

not do so unless invited or ordered to do so by the court of appeals.

(5) If briefing or oral argument is required, the clerk must advise the parties, and when appropriate,

the trial-court judge or amicus curiae.

Rule 21

(6) The proceeding must be given preference over ordinary civil cases.

(7) The circuit clerk must send a copy of the final disposition to the trial-court judge.

in Rule 21(a) must be made by filing a petition with the circuit clerk and serving it on the respondents.

Proceedings on the application must conform, so far as is practicable, to the procedures prescribed in

Rule 21(a) and (b).

(d) Form of Papers; Number of Copies; Length Limits. All papers must conform to Rule 32(c)(2).

An original and 3 copies must be filed unless the court requires the filing of a different number by local

rule or by order in a particular case. Except by the court’s permission, and excluding the accompanying

documents required by Rule 21(a)(2)(C):

(1) a paper produced using a computer must not exceed 7,800 words; and

(2) a handwritten or typewritten paper must not exceed 30 pages.

Circuit Rule 21

Writs of Mandamus and Prohibition and Other

Extraordinary Writs and Complaints of Unreasonable Delay

(a) No responsive pleading to a petition for an extraordinary writ to the district court or an

administrative agency, including a petition seeking relief from unreasonable agency delay, is

permitted unless requested by the court. No such petition will be granted in the absence of such a

request.

(b) A petition for a writ of mandamus or a writ of prohibition to the district court must not bear the

name of the district judge, but instead be titled, "In re , Petitioner." Unless

otherwise ordered, the district judge will be represented pro forma by counsel for the party opposing

the relief, who will appear in the name of such party and not that of the judge.

and of any responsive pleading or reply authorized by the court, must be filed with the clerk.

(d) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a disclosure

statement, as described in FRAP 26.1 and Circuit Rule 26.1, must be attached as an addendum to the

petition, unless such documents have been filed previously with the court. Any required disclosure

statement must also be attached to any answer to the petition.

(e) Motions to extend time for filing and to exceed length limits for petitions, answers, and replies are

governed by Circuit Rule 27(g)-(h).

Rule 21

TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

Rule 22. Habeas Corpus and Section 2255 Proceedings

(a) Application for the Original Writ. An application for a writ of habeas corpus must be made to the

appropriate district court. If made to a circuit judge, the application must be transferred to the

appropriate district court. If a district court denies an application made or transferred to it, renewal of

the application before a circuit judge is not permitted. The applicant may, under 28 U.S.C. § 2253,

appeal to the court of appeals from the district court's order denying the application.

(b) Certificate of Appealability.

(1) In a habeas corpus proceeding in which the detention complained of arises from process issued

by a state court, or in a 28 U.S.C. § 2255 proceeding, the applicant cannot take an appeal unless a circuit

justice or a circuit or district judge issues a certificate of appealability under 28 U.S.C. § 2253(c). If an

applicant files a notice of appeal, the district clerk must send to the court of appeals the certificate (if

any) and the statement described in Rule 11(a) of the Rules Governing Proceedings Under 28 U.S.C.

§ 2254 or § 2255 (if any), along with the notice of appeal and the file of the district-court proceedings. If

the district judge has denied the certificate, the applicant may request a circuit judge to issue it.

(2) A request addressed to the court of appeals may be considered by a circuit judge or judges, as the

court prescribes. If no express request for a certificate is filed, the notice of appeal constitutes a request

addressed to the judges of the court of appeals.

(3) A certificate of appealability is not required when a state or its representative or the United States

or its representative appeals.

Circuit Rule 22

Habeas Corpus and Section 2255 Proceedings

A petition for leave to file a second or successive application for a writ of habeas corpus pursuant

to 28 U.S.C. § 2254 or to file a second or successive motion pursuant to 28 U.S.C. § 2255, and any

response or reply, must comply with the length limits set forth in FRAP 27(d)(2).

See Circuit Rule 47.2(a) (Appeal Expedited by Statute and Habeas Corpus Proceeding).

Rule 22

Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding

(a) Transfer of Custody Pending Review. Pending review of a decision in a habeas corpus proceeding

commenced before a court, justice, or judge of the United States for the release of a prisoner, the person

having custody of the prisoner must not transfer custody to another unless a transfer is directed in

accordance with this rule. When, upon application, a custodian shows the need for a transfer, the court,

justice, or judge rendering the decision under review may authorize the transfer and substitute the

successor custodian as a party.

(b) Detention or Release Pending Review of Decision Not to Release. While a decision not to release

a prisoner is under review, the court or judge rendering the decision, or the court of appeals, or the

Supreme Court, or a judge or justice of either court, may order that the prisoner be:

(1) detained in the custody from which release is sought;

(2) detained in other appropriate custody; or

(3) released on personal recognizance, with or without surety.

prisoner is under review, the prisoner must—unless the court or judge rendering the decision, or the

court of appeals, or the Supreme Court, or a judge or justice of either court orders otherwise—be

released on personal recognizance, with or without surety.

(d) Modification of the Initial Order on Custody. An initial order governing the prisoner's custody or

release, including any recognizance or surety, continues in effect pending review unless for special

reasons shown to the court of appeals or the Supreme Court, or to a judge or justice of either court, the

order is modified or an independent order regarding custody, release, or surety is issued.

Circuit Rule 23

Custody or Release of a Prisoner in

a Habeas Corpus Proceeding

There is no corresponding Circuit Rule.

Rule 23

Rule 24. Proceeding in Forma Pauperis

(a) Leave to Proceed in Forma Pauperis.

(1) Motion in the District Court. Except as stated in Rule 24(a)(3), a party to a district-court action

who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an

affidavit that:

(A) shows in the detail prescribed by Form 4 of the Appendix of Forms, the party's inability to pay

or to give security for fees and costs;

(B) claims an entitlement to redress; and

(2) Action on the Motion. If the district court grants the motion, the party may proceed on appeal

without prepaying or giving security for fees and costs, unless a statute provides otherwise. If the district

court denies the motion, it must state its reasons in writing.

(3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court

action, or who was determined to be financially unable to obtain an adequate defense in a criminal case,

may proceed on appeal in forma pauperis without further authorization, unless:

(A) the district court—before or after the notice of appeal is filed—certifies that the appeal is not

taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and

states in writing its reasons for the certification or finding; or

(B) a statute provides otherwise.

(4) Notice of District Court's Denial. The district clerk must immediately notify the parties and the

court of appeals when the district court does any of the following:

(A) denies a motion to proceed on appeal in forma pauperis;

(B) certifies that the appeal is not taken in good faith; or

(5) Motion in the Court of Appeals. A party may file a motion to proceed on appeal in forma

pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule 24(a)(4).

The motion must include a copy of the affidavit filed in the district court and the district court's

statement of reasons for its action. If no affidavit was filed in the district court, the party must include

the affidavit prescribed by Rule 24(a)(1).

Rule 24

(b) Leave to Proceed in Forma Pauperis on Appeal from the United States Tax Court or on

Appeal or Review of an Administrative-Agency Proceeding. A party may file in the court of appeals

a motion for leave to proceed on appeal in forma pauperis with an affidavit prescribed by Rule 24(a)(1):

(1) in an appeal from the United States Tax Court; and

(2) when an appeal or review of a proceeding before an administrative agency, board, commission,

or officer proceeds directly in the court of appeals.

request that the appeal be heard on the original record without reproducing any part.

Circuit Rule 24

Proceeding in Forma Pauperis

(a) A case may be considered on the record without the necessity of an appendix when the appellant

or petitioner is proceeding in forma pauperis and is not represented by counsel. If an appendix is not

used, unrepresented appellants and petitioners must furnish with the brief the following items:

(1) The pages of the court reporter's transcript to be called to the attention of the court (any

method of duplication may be used which produces a clear black image on light paper), and a list

setting forth the page numbers of the transcripts so furnished.

(2) Other portions of the record to be presented for the court's consideration, which must in every

case include the findings of fact, conclusions of law, and opinion, if any, of the district court.

The appellant or petitioner is required to submit one copy of the above-listed documents; however,

the appellant or petitioner is encouraged to submit 4 copies of each if able to do so.

(b) Appellee or respondent must furnish with the brief 4 copies of an appendix containing any pages

of the transcript or other portions of the record to be called to the court's attention and which were not

furnished by appellant or petitioner.

court must prepare an appendix as prescribed by FRAP 30 and Circuit Rule 30.

See also Circuit Rule 30 (Appendix to the Briefs), and Circuit Rule 31 (Serving and Filing

Briefs).

Rule 24

TITLE VII. GENERAL PROVISIONS

Rule 25. Filing and Service

(a) Filing.

(1) Filing with the Clerk. A paper required or permitted to be filed in a court of appeals must be

filed with the clerk.

(2) Filing: Method and Timeliness.

(A) Nonelectronic Filing.

(i) In General. For a paper not filed electronically, filing may be accomplished by mail

addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed

for filing.

(ii) A Brief or Appendix. A brief or appendix not filed electronically is timely filed,

however, if on or before the last day for filing, it is:

! mailed to the clerk by first-class mail, or other class of mail that is at least as

expeditious, postage prepaid; or

! dispatched to a third-party commercial carrier for delivery to the clerk within 3 days.

(iii) Inmate Filing. If an institution has a system designed for legal mail, an inmate confined

there must use that system to receive the benefit of this Rule 25(a)(2)(A)(iii). A paper not filed

electronically by an inmate is timely if it is deposited in the institution's internal mail system on or before

the last day for filing and:

! it is accompanied by: a declaration in compliance with 28 U.S.C. § 1746—or a

notarized statement—setting out the date of deposit and stating that first-class postage is being prepaid;

or evidence (such as a postmark or date stamp) showing that the paper was so deposited and that postage

was prepaid; or

! the court of appeals exercises its discretion to permit the later filing of a declaration

or notarized statement that satisfies Rule 25(a)(2)(A)(iii).

(B) Electronic Filing and Signing.

(i) By a Represented Person—Generally Required; Exceptions. A person represented by

an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause or

is allowed or required by local rule.

Rule 25

(ii) By an Unrepresented Person—When Allowed or Required. A person not represented

by an attorney:

! may file electronically only if allowed by court order or by local rule; and

! may be required to file electronically only by court order, or by a local rule that

includes reasonable exceptions.

(iii) Signing. A filing made through a person’s electronic-filing account and authorized by

that person, together with that person’s name on a signature block, constitutes the person’s signature.

(iv) Same as a Written Paper. A paper filed electronically is a written paper for purposes of

these rules.

(3) Filing a Motion with a Judge. If a motion requests relief that may be granted by a single judge,

the judge may permit the motion to be filed with the judge; the judge must note the filing date on the

motion and give it to the clerk.

(4) Clerk's Refusal of Documents. The clerk must not refuse to accept for filing any paper

presented for that purpose solely because it is not presented in proper form as required by these rules or

by any local rule or practice.

(5) Privacy Protection. An appeal in a case whose privacy protection was governed by Federal

Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal Rule of Criminal

Procedure 49.1 is governed by the same rule on appeal. In all other proceedings, privacy protection is

governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1

governs when an extraordinary writ is sought in a criminal case. The provisions on remote electronic

access in Federal Rule of Civil Procedure 5.2(c)(1) and (2) apply in a petition for review of a benefits

decision of the Railroad Retirement Board under the Railroad Retirement Act.

(b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must, at or

before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a

party represented by counsel must be made on the party's counsel.

(1) Nonelectronic service may be any of the following:

(A) personal, including delivery to a responsible person at the office of counsel;

(B) by mail; or

Rule 25

(2) Electronic service of a paper may be made (A) by sending it to a registered user by filing it with

the court’s electronic-filing system or (B) by sending it by other electronic means that the person to be

served consented to in writing.

(3) When reasonable considering such factors as the immediacy of the relief sought, distance, and

cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper

with the court.

(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier.

Service by electronic means is complete on filing or sending, unless the party making service is notified

that the paper was not received by the party served.

(d) Proof of Service.

(1) A paper presented for filing must contain either of the following if it was served other than

through the court’s electronic-filing system:

(A) an acknowledgment of service by the person served; or

(B) proof of service consisting of a statement by the person who made service certifying:

(i) the date and manner of service;

(ii) the names of the persons served; and

(iii) their mail or electronic addresses, facsimile numbers, or the addresses of the places of

delivery, as appropriate for the manner of service.

(2) When a brief or appendix is filed by mailing or dispatch in accordance with Rule 25(a)(2)(A)(ii),

the proof of service must also state the date and manner by which the document was mailed or

dispatched to the clerk.

(3) Proof of service may appear on or be affixed to the papers filed.

(e) Number of Copies. When these rules require the filing or furnishing of a number of copies, a court

may require a different number by local rule or by order in a particular case.

Circuit Rule 25

Filing and Service

(a) Filing by Electronic Means. Pursuant to Federal Rule of Appellate Procedure 25, the court has

authorized the filing and service of documents by electronic means. Except as otherwise prescribed

by Circuit rule or order of the court, all cases will be assigned to the court’s Case Management/

Electronic Case Files (CM/ECF) system, and all documents must be filed electronically in accordance

Rule 25

with procedures established by the court. The clerk also may require paper copies of any document

filed electronically. Electronic transmission of a document to the CM/ECF system, together with the

transmission of a Notice of Docket Activity from the court, constitute filing of the document under

the Federal Rules of Appellate Procedure and the rules of this court, and constitute under FRAP 36

and 45(b) entry of the document on the docket maintained by the clerk. If the court requires a party to

file a motion for leave to file, both the motion and document at issue should be submitted

electronically. If leave is granted, the underlying document will remain on the docket; if leave is

denied, the docket will so reflect.

(b) Registration for the CM/ECF System.

(1) Attorneys who appear before this court must register for the court’s CM/ECF system in

accordance with procedures established by the court. Every attorney representing a party or an

amicus curiae in a case must individually enter an appearance and register for the court’s CM/ECF

system if the attorney wishes to file or to receive notice of filings in that case.

(2) At the discretion of the court, a party to a pending case who is not represented by an attorney

may be permitted to register as an ECF filer. A pro se party who desires to register as an ECF filer

must file a motion in this court and if the motion is granted, the party may participate as a pro se ECF

filer in that case and any other pending and future cases unless the court revokes permission. If a pro

se party retains an attorney, the attorney must enter an appearance.

(3) ECF filers must immediately report any change in their postal or e-mail address by updating

their appellate filer account. ECF filers must agree to protect the security of their passwords and to

notify the PACER Service Center and the clerk immediately if they learn that their password has been

compromised. See Circuit Rule 32(a)(1). ECF filers may be sanctioned for failure to comply with

this provision.

(1) A party proceeding pro se must file documents in paper form with the clerk and must be

served with documents in paper form unless the pro se party has been permitted to register as an ECF

filer.

(2) Upon motion and a showing of good cause, the court may exempt a party from the electronic

filing requirements and authorize filing by means other than use of the CM/ECF system.

(3) Case-initiating documents, including petitions for permission to appeal, petitions for review or

notices of appeal from agency action, and petitions for writ of mandamus and other original

proceedings in this court, may be filed either electronically or in paper form. If filed in paper form,

an ECF filer must promptly provide the clerk an electronic version of the filing upon the court’s

request.

(4) Any document containing material under seal or containing material that a party is seeking to

place under seal, and any document filed in a sealed case, may not be filed using the CM/ECF system.

Rule 25

Such documents must be filed in paper form or in a nonpublic electronic format as set forth on the

court’s website. Matters under seal are governed by Circuit Rule 47.1. Upon the court’s request, an

ECF filer must promptly provide the clerk an electronic version of any sealed filing that was filed in

paper form.

(5) Exhibits, attachments, or appendix items that (i) exceed the size limitation set by the court; (ii)

are not in a format that readily permits electronic filing, such as odd-sized documents; or (iii) are

illegible when scanned into electronic format may be filed in paper form. Documents filed pursuant

to this subsection must be served by an alternative method of service authorized by FRAP 25, and the

filer must file electronically a notice of paper filing.

(d) Paper Copies of Electronic Filings. Except for documents listed in Circuit Rule 32(d) or unless

the court directs otherwise, documents filed electronically are not to be submitted to the court in

paper form. In those instances when paper copies of electronic filings are required, the filing of

copies of non-emergency documents may be accomplished by First-Class Mail addressed to the clerk,

or other class of mail that is at least as expeditious, postage prepaid, within two business days of the

electronic filing, unless the court has ordered filing by hand or other means. The number of paper

copies is governed by the rules pertaining to that document or by order in a particular case; the

"original" is the electronic filing.

(e) Privacy Protection. Unless the court orders otherwise, parties must refrain from including or

must redact the following personal data identifiers from documents filed with the court to the extent

required by FRAP 25(a)(5):

! Social Security numbers. If an individual’s Social Security number must be included, use the

last four digits only.

! Financial account numbers. If financial account numbers are relevant, use the last four digits

only.

! Names of minors. If the involvement of an individual known to be a minor must be

mentioned, use the minor’s initials only.

! Dates of birth. If an individual’s date of birth must be included, use the year only.

! Home addresses. In criminal cases, if a home address must be included, use the city and state

only.

The filer bears sole responsibility for ensuring a document complies with these requirements.

(f) Service of Documents by Electronic Means. Registration for the court’s CM/ECF system

constitutes consent to electronic service of all documents as provided in these rules and the Federal

Rules of Appellate Procedure. The Notice of Docket Activity that is generated by the court’s

CM/ECF system constitutes service of the filed document on all parties who have consented to

electronic service. For any document that is not filed electronically and for any party who has not

Rule 25

consented to electronic service, the document must be served by an alternative method of service, in

accordance with the Federal Rules of Appellate Procedure and this court’s rules.

(g) Non-Electronic Filing. When electronic filing is not utilized, a non-emergency paper may be

filed at the United States courthouse after the regular hours of the clerk's office pursuant to

procedures established by the clerk's office. In emergencies or other compelling circumstances, when

electronic filing is not utilized, the clerk may authorize that papers be filed with the court through

facsimile transmission or email. Except when specifically so permitted, such filing is not authorized.

See also Circuit Rule 32(a) (Electronic Signatures) and Circuit Rule 32(d) (Paper Copies of

Electronic Filings).

Rule 25

Rule 26. Computing and Extending Time

(a) Computing Time. The following rules apply in computing any time period specified in these rules,

in any local rule or court order, or in any statute that does not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of

time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2) Period Stated in Hours. When the period is stated in hours:

(A) begin counting immediately on the occurrence of the event that triggers the period;

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays;

and

until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

(3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is

inaccessible:

(A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first

accessible day that is not a Saturday, Sunday, or legal holiday; or

(B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the

same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.

(4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the

last day ends:

(A) for electronic filing in the district court, at midnight in the court’s time zone;

(B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s

principal office;

Rule 13(a)(2)—at the latest time for the method chosen for delivery to the post office, third-party

commercial carrier, or prison mailing system; and

Rule 26

(D) for filing by other means, when the clerk’s office is scheduled to close.

(5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the

period is measured after an event and backward when measured before an event.

(6) "Legal Holiday" Defined. "Legal holiday" means:

(A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday,

Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day,

Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day;

(B) any day declared a holiday by the President or Congress; and

either of the following is located: the district court that rendered the challenged judgment or order, or

the circuit clerk's principal office.

(b) Extending Time. For good cause, the court may extend the time prescribed by these rules or by its

order to perform any act, or may permit an act to be done after that time expires. But the court may not

extend the time to file:

(1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or

(2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise

review an order of an administrative agency, board, commission, or officer of the United States, unless

specifically authorized by law.

time after being served, and the paper is not served electronically on the party or delivered to the party

on the date stated in the proof of service, 3 days are added after the period would otherwise expire under

Rule 26(a).

Circuit Rule 26

Computing and Extending Time

(a) Time of Electronic Filing. Except in the case of documents first filed in paper form and

subsequently submitted electronically as required by Circuit Rule 25(c)(3), a document filed

electronically is deemed filed on the date and at the time stated on the Notice of Docket Activity from

the court. Unless a time for filing is specified by court order, filing must be completed before

midnight Eastern Time to be considered timely filed that day.

Rule 26

(b) Technical Failures. An ECF filer whose filing is made untimely as the result of a technical

failure may seek appropriate relief from the court.

Rule 26

Rule 26.1. Disclosure Statement

(a) Nongovernmental Corporations. Any nongovernmental corporation that is a party to a proceeding

in a court of appeals must file a statement that identifies any parent corporation and any publicly held

corporation that owns 10% or more of its stock or states that there is no such corporation. The same

requirement applies to a nongovernmental corporation that seeks to intervene.

(b) Organizational Victims in Criminal Cases. In a criminal case, unless the government shows good

cause, it must file a statement that identifies any organizational victim of the alleged criminal activity. If

the organizational victim is a corporation, the statement must also disclose the information required by

Rule 26.1(a) to the extent it can be obtained through due diligence.

appellant must file a statement that:

(1) identifies each debtor not named in the caption; and

(2) for each debtor that is a corporation, discloses the information required by Rule 26.1(a).

(d) Time for Filing; Supplemental Filing. The Rule 26.1 statement must:

(1) be filed with the principal brief or upon filing a motion, response, petition, or answer in the court

of appeals, whichever occurs first, unless a local rule requires earlier filing;

(2) be included before the table of contents in the principal brief; and

(3) be supplemented whenever the information required under Rule 26.1 changes.

(e) Number of Copies. If the Rule 26.1 statement is filed before the principal brief, or if a supplemental

statement is filed, an original and 3 copies must be filed unless the court requires a different number by

local rule or by order in a particular case.

Rule 26.1

Circuit Rule 26.1

Disclosure Statement

(a) A corporation, association, joint venture, partnership, syndicate, or other similar entity appearing

as a party or amicus curiae in any proceeding must file a disclosure statement, at the time specified in

FRAP 26.1; Circuit Rules 5, 8, 12, 15, 18, 21, 27, and 35(c); or as otherwise ordered by the court,

identifying all parent companies and any publicly-held company that has a 10% or greater ownership

interest (such as stock or partnership shares) in the entity. A revised corporate disclosure statement

must be filed any time there is a change in corporate ownership interests that would affect the

disclosures required by this rule. For the purposes of this rule, "parent companies" include all

companies controlling the specified entity directly, or indirectly through intermediaries.

(b) The statement must identify the represented entity’s general nature and purpose, insofar as

relevant to the litigation. If the entity is an unincorporated entity whose members have no ownership

interests, the statement must include the names of any members of the entity that have issued shares

or debt securities to the public. No such listing need be made, however, of the names of members of

a trade association or professional association. For purposes of this rule, a "trade association" is a

continuing association of numerous organizations or individuals operated for the purpose of

promoting the general commercial, professional, legislative, or other interests of the membership.

See also Circuit Rule 5 (Appeal by Permission), Circuit Rule 8 (Stay and Emergency Relief

Pending Appeal from a Judgment or Order of the District Court), Circuit Rule 9 (Release in a

Criminal Case), Circuit Rule 12(f) (Docketing Statement in Appeal from a Judgment or Order of the

District Court; Statement by Appellee, Intervenor, or Amicus Curiae), Circuit Rule 15(c)(6) (Petition

for Review or Appeal from Agency Action; Docketing Statement), Circuit Rule 18 (Stay Pending

Review), Circuit Rule 21 (Extraordinary Writs), Circuit Rule 27 (Motions), Circuit Rule 35(c)

(Petition for Panel Rehearing and Petition for Hearing or Rehearing En Banc), and Circuit Rule

47.2(b) (Sentencing Appeal; Compassionate Release Appeal).

Rule 26.1

Rule 27. Motions

(a) In General.

(1) Application for Relief. An application for an order or other relief is made by motion unless

these rules prescribe another form. A motion must be in writing unless the court permits otherwise.

(2) Contents of a Motion.

(A) Grounds and relief sought. A motion must state with particularity the grounds for the

motion, the relief sought, and the legal argument necessary to support it.

(B) Accompanying documents.

(i) Any affidavit or other paper necessary to support a motion must be served and filed with

the motion.

(ii) An affidavit must contain only factual information, not legal argument.

(iii) A motion seeking substantive relief must include a copy of the trial court's opinion or

agency's decision as a separate exhibit.

(i) A separate brief supporting or responding to a motion must not be filed.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.

(3) Response.

(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents.

The response must be filed within 10 days after service of the motion unless the court shortens or

extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period

runs only if the court gives reasonable notice to the parties that it intends to act sooner.

(B) Request for affirmative relief. A response may include a motion for affirmative relief. The

time to respond to the new motion, and to reply to that response, are governed by Rule 27(a)(3)(A) and

(a)(4). The title of the response must alert the court to the request for relief.

(4) Reply to Response. Any reply to a response must be filed within 7 days after service of the

response. A reply must not present matters that do not relate to the response.

(b) Disposition of a Motion for a Procedural Order. The court may act on a motion for a procedural

Rule 27

order—including a motion under Rule 26(b)—at any time without awaiting a response, and may, by rule

or by order in a particular case, authorize its clerk to act on specified types of procedural motions. A

party adversely affected by the court's, or the clerk's, action may file a motion to reconsider, vacate, or

modify that action. Timely opposition filed after the motion is granted in whole or in part does not

constitute a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must

be filed.

may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide

by rule or by order in a particular case that only the court may act on any motion or class of motions.

The court may review the action of a single judge.

(d) Form of Papers; Length Limits; Number of Copies.

(1) Format.

(A) Reproduction. A motion, response, or reply may be reproduced by any process that yields a

clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper

may be used.

(B) Cover. A cover is not required but there must be a caption that includes the case number, the

name of the court, the title of the case, and a brief descriptive title indicating the purpose of the motion

and identifying the party or parties for whom it is filed. If a cover is used, it must be white.

and permits the document to lie reasonably flat when open.

(D) Paper size, line spacing, and margins. The document must be on 8½ by 11 inch paper. The

text must be double-spaced, but quotations more than two lines long may be indented and single-spaced.

Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page

numbers may be placed in the margins, but no text may appear there.

(E) Typeface and type styles. The document must comply with the typeface requirements of Rule

32(a)(5) and the type-style requirements of Rule 32(a)(6).

(2) Length Limits. Except by the court’s permission, and excluding the accompanying documents

authorized by Rule 27(a)(2)(B):

(A) a motion or response to a motion produced using a computer must not exceed 5,200 words;

(B) a handwritten or typewritten motion or response to a motion must not exceed 20 pages;

(D) a handwritten or typewritten reply to a response must not exceed 10 pages.

Rule 27

(3) Number of Copies. An original and 3 copies must be filed unless the court requires a different

number by local rule or by order in a particular case.

(e) Oral Argument. A motion will be decided without oral argument unless the court orders otherwise.

Circuit Rule 27

Motions

(a) Form of Pleadings.

(1) In Writing; Service. Every motion must be in writing, signed by counsel of record or by the

movant if not represented by counsel, and served on all other parties to the proceeding before this

court, unless the motion is made in open court in opposing counsel’s or movant’s presence or this

court provides otherwise.

(2) Format. Motions, responses thereto, and replies to responses must comply with FRAP

27(d)(1)-(2).

(3) Reference to Oral Argument and Submission Without Oral Argument. If a case has been

scheduled for oral argument, has already been argued, or is being submitted without oral argument, a

motion, and any response or reply, must so state in capital letters at the top of the first page and,

where applicable, include the date of argument.

(4) Certificate of Parties and Disclosure Statement to be Attached. A certificate of parties

and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a disclosure statement, as described in

FRAP 26.1 and Circuit Rule 26.1, must be attached as an addendum to the motion, and any required

disclosure statement must also be attached to any response to the motion, unless such documents have

been filed previously with the court.

(b) Number of Copies. Unless the court directs otherwise, the original and 4 copies of every motion,

response, and reply must be filed with the clerk.

with the response a motion for affirmative relief. Such a combined response and motion may not

exceed 7,800 words if produced using a computer and 30 pages if handwritten or typewritten. A

response to such a combined filing must include any reply in support of the original motion, must be

filed within 10 days of service of the combined response and motion, and may not exceed 5,200

words if produced using a computer and 20 pages if handwritten or typewritten. Any reply in support

of the motion for affirmative relief may not exceed 2,600 words if produced using a computer and 10

pages if handwritten or typewritten.

Rule 27

(d) Clerk May Dispose of Certain Motions.

(1) Procedural Motions. The clerk may dispose of procedural motions, in accordance with the

court’s instructions. Instead of granting or denying a motion under the authority afforded by this

subparagraph, the clerk may submit it to a panel or to an individual judge of the court.

(2) Reconsideration of Clerk’s Orders on Procedural Motions. Any interested party adversely

affected by an order of the clerk disposing of a motion may move for reconsideration thereof within

10 days after entry of the order. The clerk will submit the motion for reconsideration to a panel or an

individual judge of the court.

(e) Requests for Expeditious Consideration. Any party may request expedited action on a motion

on the ground that, to avoid irreparable harm, relief is needed in less time than would ordinarily be

required for this court to receive and consider a response. The motion on which expedited action is

sought must be labeled an "Emergency Motion" and the request for expedition must state the nature

of the emergency and the date by which court action is necessary. The motion must be filed at least 7

days before the date by which court action is necessary or counsel must explain why it was not so

filed. Counsel for the party seeking expedition must communicate the request and the reasons

therefor in person or by telephone to the clerk’s office and to opposing counsel.

(f) Dispositive Motions.

(1) Timing. Any motion which, if granted, would dispose of the appeal or petition for review in

its entirety, or transfer the case to another court, must be filed within 45 days of the docketing of the

case in this court, unless the court issues a scheduling order establishing a different deadline. This

requirement does not apply to a motion by an appellant to dismiss its own appeal, or by a petitioner to

dismiss its own petition, either of which may be filed at any time.

(2) Required Attachments. There must be attached to each copy of a dispositive motion a copy

of any pertinent opinion or findings issued by the district court or agency or, if the reasons were given

orally, the pertinent extract from the reporter’s transcript must be attached, if available.

(3) Deferral of Briefing Pending Resolution of Dispositive Motion. Unless otherwise ordered

by the court, briefing, if scheduled, will be deferred pending resolution of any timely filed dispositive

motion. If such a motion is not timely filed, briefing will be deferred only if ordered by the court.

(g) Motions to Extend Time for Filing and to Exceed Length Limits.

(1) Timeliness of Request. A motion to extend the time for filing motions, responses, and

replies, or to exceed the length limits for such pleadings, must be filed at least 5 days before the

pleading is due. Motions filed less than 5 days before the due date will be denied absent exceptional

circumstances, except that the clerk may grant unopposed late filed motions for extension of time for

good cause shown.

Rule 27

(2) Consultation. Before filing a motion to extend the time for filing a pleading or for leave to

exceed length limits, the moving party must attempt to obtain the consent of the opposing side. If

consent is not obtained, the moving party must attempt to inquire whether an opposition or other form

of response will be filed. The opening paragraph of any such motion must recite the position taken by

the opposing party in response to these inquiries, or the efforts made to obtain a response.

The following requirements pertain to service (i) on an opposing party who has not consented to

electronic service or (ii) for motions to extend the time for filing or for leave to exceed length limits

that are not filed electronically. If the opposing side has stated an intention to file an opposition or

other response, or has not been reached after reasonable effort, the moving party must serve the

motion by personal service or, if personal service is not feasible, give telephone notice of the filing

and serve the motion by the most expeditious form of service. If the moving party is unable to effect

personal service or telephone notice at the time of filing, the opening paragraph of the motion must

recite the efforts made to do so.

(3) Pleadings in Excess of Length Limits. The court disfavors motions to exceed length limits;

such motions will be granted only for extraordinarily compelling reasons.

(4) Automatic Extensions for Timely Filed Motions. If a motion is filed in accordance with the

requirements of subparagraphs (1) and (2) above and the court does not act on the motion by the end

of the second business day before the filing deadline, the time for filing the pleading is automatically

extended until the court rules on the motion. If the motion is denied by the court under these

circumstances, the time for filing will be extended automatically for 7 days after the date of the order

denying the motion. If a timely filed motion to exceed length limits is not acted upon by the filing

date for the document, the overlong document may be filed; if the motion is subsequently denied, the

movant will be given a short period in which to file a document that conforms to the rules. This rule

does not apply to the filing of briefs. See Circuit Rule 28.

(h) Response to a Nonconforming Motion or Response. When an untimely, overlength, or

otherwise nonconforming motion or response is lodged along with a motion for leave to file the

document or exceed the length limits, no response is required to the nonconforming document until a

decision is rendered on the motion for leave to file or to exceed length limits.

See also Circuit Rule 25 (Filing and Service), and Circuit Rule 47.1 (Matters Under Seal).

Rule 27

Rule 28. Briefs

(a) Appellant's Brief. The appellant's brief must contain, under appropriate headings and in the order

indicated:

(1) a disclosure statement if required by Rule 26.1;

(2) a table of contents, with page references;

(3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with

references to the pages of the brief where they are cited;

(4) a jurisdictional statement, including:

(A) the basis for the district court's or agency's subject-matter jurisdiction, with citations to

applicable statutory provisions and stating relevant facts establishing jurisdiction;

(B) the basis for the court of appeals' jurisdiction, with citations to applicable statutory provisions

and stating relevant facts establishing jurisdiction;

(D) an assertion that the appeal is from a final order or judgment that disposes of all parties' claims,

or information establishing the court of appeals' jurisdiction on some other basis;

(5) a statement of the issues presented for review;

(6) a concise statement of the case setting out the facts relevant to the issues submitted for review,

describing the relevant procedural history, and identifying the ruling presented for review, with

appropriate references to the record (see Rule 28(e));

(7) a summary of the argument, which must contain a succinct, clear, and accurate statement of the

arguments made in the body of the brief, and which must not merely repeat the argument headings;

(8) the argument, which must contain:

(A) appellant's contentions and the reasons for them, with citations to the authorities and parts of

the record on which the appellant relies; and

(B) for each issue, a concise statement of the applicable standard of review (which may appear in

the discussion of the issue or under a separate heading placed before the discussion of the issues);

(9) a short conclusion stating the precise relief sought; and

(10) the certificate of compliance, if required by Rule 32(g)(1).

Rule 28

(b) Appellee's Brief. The appellee's brief must conform to the requirements of Rule 28(a)(1)-(8) and

(10), except that none of the following need appear unless the appellee is dissatisfied with the appellant's

statement:

(1) the jurisdictional statement;

(2) the statement of the issues;

(3) the statement of the case; and

(4) the statement of the standard of review.

no further briefs may be filed. A reply brief must contain a table of contents, with page references, and a

table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to

the pages of the reply brief where they are cited.

(d) References to Parties. In briefs and at oral argument, counsel should minimize use of the terms

"appellant" and "appellee." To make briefs clear, counsel should use the parties' actual names or the

designations used in the lower court or agency proceeding, or such descriptive terms as "the employee,"

"the injured person," "the taxpayer," "the ship," "the stevedore."

(e) References to the Record. References to the parts of the record contained in the appendix filed

with the appellant's brief must be to the pages of the appendix. If the appendix is prepared after the

briefs are filed, a party referring to the record must follow one of the methods detailed in Rule 30(c). If

the original record is used under Rule 30(f) and is not consecutively paginated, or if the brief refers to an

unreproduced part of the record, any reference must be to the page of the original document. For

example:

! Answer p. 7;

! Motion for Judgment p. 2;

! Transcript p. 231.

Only clear abbreviations may be used. A party referring to evidence whose admissibility is in

controversy must cite the pages of the appendix or of the transcript at which the evidence was identified,

offered, and received or rejected.

(f) Reproduction of Statutes, Rules, Regulations, etc. If the court's determination of the issues

presented requires the study of statutes, rules, regulations, etc., the relevant parts must be set out in the

brief or in an addendum at the end, or may be supplied to the court in pamphlet form.

(g) [Reserved.]

(h) [Reserved.]

Rule 28

(i) Briefs in a Case Involving Multiple Appellants or Appellees. In a case involving more than one

appellant or appellee, including consolidated cases, any number of appellants or appellees may join in a

brief, and any party may adopt by reference a part of another's brief. Parties may also join in reply briefs.

(j) Citation of Supplemental Authorities. If pertinent and significant authorities come to a party's

attention after the party's brief has been filed—or after oral argument but before decision—a party may

promptly advise the circuit clerk by letter, with a copy to all other parties, setting forth the citations. The

letter must state the reasons for the supplemental citations, referring either to the page of the brief or to a

point argued orally. The body of the letter must not exceed 350 words. Any response must be made

promptly and must be similarly limited.

Circuit Rule 28

Briefs

(a) Contents of Briefs: Additional Requirements. Briefs for an appellant/petitioner and an

appellee/respondent, and briefs for an intervenor and an amicus curiae, must contain the following in

addition to the items required by FRAP 28:

(1) Certificate. Immediately inside the cover and preceding the table of contents, a certificate

titled "Certificate as to Parties, Rulings, and Related Cases," which contains a separate paragraph or

paragraphs, with the appropriate heading, corresponding to, and in the same order as, each of the sub-

paragraphs below.

(A) Parties and Amici. The appellant or petitioner must furnish a list of all parties,

intervenors, and amici who have appeared before the district court, and all persons who are parties,

intervenors, or amici in this court. An appellee or respondent, intervenor, or amicus may omit from

its certificate those persons who were listed by the appellant or petitioner, but must state: "[Except

for the following,] all parties, intervenors, and amici appearing [before the district court and] in this

court are listed in the Brief for ."

Any party or amicus curiae that is a corporation, association, joint venture, partnership,

syndicate, or other similar entity must make the disclosure required by Circuit Rule 26.1. In a

criminal case, the government must make the disclosure required by FRAP 26.1(b), and the

appropriate party in a bankruptcy case must make the disclosure required by FRAP 26.1(c).

(B) Rulings Under Review. Appropriate references must be made to each ruling at issue in

this court, including the date, the name of the district court judge (if any), the place in the appendix

where the ruling can be found, and any official citation in the case of a district court or Tax Court

opinion, the Federal Register citation and/or other citation in the case of an agency decision, or a

statement that no such citation exists. Such references need not be included if they are contained in a

brief previously filed by another person, but the certificate must state: "[Except for the following,]

references to the rulings at issue appear in the Brief for ."

Rule 28

this court or any other court and, if so, the name and number of such prior case. The statement must

also contain similar information for any other related cases currently pending in this court or in any

other court of which counsel is aware. For purposes of this rule, the phrase "any other court" means

any other United States court of appeals or any other court (whether federal or local) in the District of

Columbia. The phrase "any other related cases" means any case involving substantially the same

parties and the same or similar issues. If there are no related cases, the certificate must so state.

(2) Table of Authorities. In the left-hand margin of the table of authorities, an asterisk may be

placed next to those authorities on which the brief principally relies, together with a notation at the

bottom of the first page of the table stating: "Authorities upon which we chiefly rely are marked with

asterisks." Even though the marking of “principal authorities” is optional, the table of authorities

must identify each page of the brief on which the authority is cited; passim or similar terms may not

be used.

(3) Glossary. All briefs containing abbreviations, including acronyms, must provide a "Glossary"

defining each such abbreviation on a page immediately following the table of authorities.

Abbreviations that are part of common usage need not be defined.

(4) Statement of Jurisdiction. The brief of the appellant or petitioner must set forth the

jurisdictional statement required by FRAP 28(a)(4). Any party, intervenor, or amicus curiae may

include in its brief a counter statement regarding jurisdiction.

(5) Statutes and Regulations. Pertinent statutes and regulations must be set forth either in the

body of the brief following the statement of the issues presented for review or in an addendum

introduced by a table of contents and bound with the brief or separately; in the latter case a statement

must appear in the body of the brief referencing the addendum. Any addendum exceeding 40 pages

must be bound separately from the brief. If the statutes and regulations are included in an addendum

bound with the brief, the addendum must be separated from the body of the brief (and from any other

addendum) by a distinctly colored separation page. If the pertinent statutes and regulations are

contained in a brief previously submitted by another party, they need not be repeated but, if they are

not repeated, a statement must appear under this heading as follows: "[Except for the following,] all

applicable statutes, etc., are contained in the Brief for ."

(6) Summary of Argument. Except when a brief contains a "Standing" section as required by

Circuit Rule 28(a)(7), in each brief, including a reply brief, a summary of argument must immediately

precede the argument; the summary of argument must contain a succinct, clear statement of the

arguments made in the body of the brief and not merely repeat the argument headings.

(7) Standing. In cases involving direct review in this court of administrative actions, the brief of

the appellant or petitioner must set forth the basis for the claim of standing. This section, entitled

"Standing," must follow the summary of argument and immediately precede the argument. When the

appellant’s or petitioner’s standing is not apparent from the administrative record, the brief must

include arguments and evidence establishing the claim of standing. See Sierra Club v. EPA, 292 F.3d

Rule 28

895, 900-01 (D.C. Cir. 2002). If the evidence is lengthy, and not contained in the administrative

record, it may be presented in a separate addendum to the brief. If it is bound with the brief, the

addendum must be separated from the body of the brief (and from any other addendum) by a

distinctly colored separation page. Any addendum exceeding 40 pages must be bound separately

from the brief.

(8) Reference to Oral Argument and Submission Without Oral Argument. If a case has been

scheduled for oral argument, has already been argued, or is being submitted without oral argument, a

brief must so state in capital letters at the top of the front cover and, where applicable, include the

date of the argument.

(b) References to Authorities and Other Material. When citing to the record, authorities, or any

other material, citations must refer to specific pages of the source; passim or similar terms may not be

used.

32(e).

(d) Briefs for Intervenors. The rules stated below apply with respect to the brief for an intervenor in

this court. For purposes of this rule, an intervenor is an interested person who has sought and

obtained the court's leave to participate in an already instituted proceeding.

(1) Except by permission or direction of the court, the brief must conform to the brief lengths set

out in Circuit Rule 32(e)(2).

(2) The brief must avoid repetition of facts or legal arguments made in the principal

(appellant/petitioner or appellee/respondent) brief, and focus on points not made or adequately

elaborated upon in the principal brief, although relevant to the issues before this court.

(3) Except as otherwise directed by the court, the brief must be filed in accordance with the time

limitations described in FRAP 29.

(4) Intervenors on the same side must join in a single brief to the extent practicable. This

requirement does not apply to a governmental entity. (For this purpose, the term "governmental

entity" includes the United States or an officer or agency thereof, the District of Columbia, or a State,

Territory, or Commonwealth of the United States.) Any separate brief for an intervenor must contain

a certificate of counsel plainly stating why the separate brief is necessary. Generally unacceptable

grounds for the filing of separate briefs include representations that the issues presented require

greater length than these rules allow (appropriately addressed by a motion to exceed length limits),

that counsel cannot coordinate their efforts due to geographical dispersion, or that separate

presentations were allowed in earlier proceedings.

(5) A reply brief may be filed for an intervenor on the side of appellant or petitioner at the time

the appellant's or petitioner's reply brief is due.

Rule 28

(e) Request to Exceed the Limits on the Length of Briefs and for Extension of Time for Filing.

(1) The court disfavors motions to exceed limits on the length of briefs and motions to extend the

time for filing briefs that affect the oral argument schedule. Such motions will be granted only for

extraordinarily compelling reasons.

(2) A motion to exceed the limits on length of briefs or to extend the filing time for a brief must

be filed at least 7 days before the brief is due. Untimely motions will be denied absent exceptional

circumstances, except that, where good cause is shown, the clerk may grant unopposed late-filed

motions for extension of time that do not affect the oral argument schedule.

(3) Before filing a motion to exceed the limits on length of briefs, or to extend the time for filing,

the moving party must attempt to obtain the consent of the opposing side. If consent is not obtained,

the moving party must attempt to inquire whether an opposition or other form of response will be

filed. The opening paragraph of any such motion must recite the position taken by the opposing party

in response to these inquiries, or the efforts made to obtain a response.

The following requirements pertain to service (i) on an opposing party who has not consented to

electronic service or (ii) for motions to exceed the limits on length of briefs or to extend the time for

filing that are not filed electronically. If the opposing side has stated an intention to file an opposition

or other response, or has not been reached after reasonable effort, the moving party must serve the

motion by hand, or if such service is not feasible, by giving telephone notice of the filing and serving

the motion by the most expeditious form of service. If the moving party is unable to effect service by

hand or telephone notice at the time of filing, the opening paragraph of the motion must recite the

efforts made to do so.

(4) Submission of a motion to exceed the limits on length of briefs or extend the time for filing a

brief does not toll the time for compliance with filing requirements. Movants will be expected to

meet all filing requirements in the absence of an order granting a waiver.

(f) Citation of Supplemental Authorities. After briefing has been completed, a party may file an

original and 4 copies of a letter pursuant to FRAP 28(j).

See also Circuit Rule 28.1 (Cross-Appeals), Circuit Rule 29 (Brief of an Amicus Curiae), Circuit

Rule 32.1 (Citing Judicial Dispositions), and Circuit Rule 47.1 (Matters Under Seal).

Rule 28

Rule 28.1. Cross-Appeals

(a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 28(a)-(c), 31(a)(1),

32(a)(2), and 32(a)(7)(A)-(B) do not apply to such a case, except as otherwise provided in this rule.

(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for the

purposes of this rule and Rules 30 and 34. If notices are filed on the same day, the plaintiff in the

proceeding below is the appellant. These designations may be modified by the parties’ agreement or by

court order.

(1) Appellant’s Principal Brief. The appellant must file a principal brief in the appeal. That brief

must comply with Rule 28(a).

(2) Appellee’s Principal and Response Brief. The appellee must file a principal brief in the cross-

appeal and must, in the same brief, respond to the principal brief in the appeal. That appellee’s brief

must comply with Rule 28(a), except that the brief need not include a statement of the case unless the

appellee is dissatisfied with the appellant’s statement.

(3) Appellant’s Response and Reply Brief. The appellant must file a brief that responds to the

principal brief in the cross-appeal and may, in the same brief, reply to the response in the appeal. That

brief must comply with Rule 28(a)(2)-(8) and (10), except that none of the following need appear unless

the appellant is dissatisfied with the appellee’s statement in the cross-appeal:

(A) the jurisdictional statement;

(B) the statement of the issues;

(D) the statement of the standard of review.

(4) Appellee’s Reply Brief. The appellee may file a brief in reply to the response in the cross-

appeal. That brief must comply with Rule 28(a)(2)-(3) and (10) and must be limited to the issues

presented by the cross-appeal.

(5) No Further Briefs. Unless the court permits, no further briefs may be filed in a case involving a

cross-appeal.

(d) Cover. Except for filings by unrepresented parties, the cover of the appellant’s principal brief must

be blue; the appellee’s principal and response brief, red; the appellant’s response and reply brief, yellow;

the appellee’s reply brief, gray; an intervenor’s or amicus curiae’s brief, green; and any supplemental

brief, tan. The front cover of a brief must contain the information required by Rule 32(a)(2).

Rule 28.1

(e) Length.

(1) Page Limitation. Unless it complies with Rule 28.1(e)(2), the appellant’s principal brief must

not exceed 30 pages; the appellee’s principal and response brief, 35 pages; the appellant’s response and

reply brief, 30 pages; and the appellee’s reply brief, 15 pages.

(2) Type-Volume Limitation.

(A) The appellant’s principal brief or the appellant’s response and reply brief is acceptable if it:

(i) contains no more than 13,000 words; or

(ii) uses a monospaced face and contains no more than 1,300 lines of text.

(B) The appellee’s principal and response brief is acceptable if it:

(i) contains no more than 15,300 words; or

(ii) uses a monospaced face and contains no more than 1,500 lines of text.

specified in Rule 28.1(e)(2)(A).

(f) Time to Serve and File a Brief. Briefs must be served and filed as follows:

(1) the appellant’s principal brief, within 40 days after the record is filed;

(2) the appellee’s principal and response brief, within 30 days after the appellant’s principal brief is

served;

(3) the appellant’s response and reply brief, within 30 days after the appellee’s principal and

response brief is served; and

(4) the appellee’s reply brief, within 21 days after the appellant’s response and reply brief is served,

but at least 7 days before argument unless the court, for good cause, allows a later filing.

Rule 28.1

Circuit Rule 28.1

Cross-Appeals

(a) Designation of Appellant. When, pursuant to FRAP 28.1, the parties agree that a party other

than the first one to file a notice of appeal will be deemed the appellant for purposes of this rule, they

must so notify the court. In a civil case, this notice must be given at the time the docketing statement

is filed. In a criminal case, the parties must so notify the court at the time of the filing of the final

transcript status report.

(b) Contents of Briefs. Briefs in cross-appeals must comply with all applicable provisions of FRAP

28, FRAP 28.1, and D.C. Cir. Rule 28.

scheduling order issued by the court.

Rule 28.1

Rule 29. Brief of an Amicus Curiae

(a) During Initial Consideration of a Case on the Merits.

(1) Applicability. This Rule 29(a) governs amicus filings during a court’s initial consideration of a

case on the merits.

(2) When Permitted. The United States or its officer or agency or a state may file an amicus brief

without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by

leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may

prohibit the filing of or may strike an amicus brief that would result in a judge’s disqualification.

(3) Motion for Leave to File. The motion must be accompanied by the proposed brief and state:

(A) the movant's interest; and

(B) the reason why an amicus brief is desirable and why the matters asserted are relevant to the

disposition of the case.

(4) Contents and Form. An amicus brief must comply with Rule 32. In addition to the

requirements of Rule 32, the cover must identify the party or parties supported and indicate whether the

brief supports affirmance or reversal. An amicus brief need not comply with Rule 28, but must include

the following:

(A) if the amicus curiae is a corporation, a disclosure statement like that required of parties by Rule

26.1;

(B) a table of contents, with page references;

references to the pages of the brief where they are cited;

(D) a concise statement of the identity of the amicus curiae, its interest in the case, and the source

of its authority to file;

(E) unless the amicus curiae is one listed in the first sentence of Rule 29(a)(2), a statement that

indicates whether:

(i) a party’s counsel authored the brief in whole or in part;

(ii) a party or a party’s counsel contributed money that was intended to fund preparing or

submitting the brief; and

(iii) a person—other than the amicus curiae, its members, or its counsel—contributed money that

was intended to fund preparing or submitting the brief and, if so, identifies each such person;

Rule 29

(F) an argument, which may be preceded by a summary and which need not include a statement of

the applicable standard of review; and

(G) a certificate of compliance under Rule 32(g)(1), if length is computed using a word or line

limit.

(5) Length. Except by the court's permission, an amicus brief may be no more than one-half the

maximum length authorized by these rules for a party's principal brief. If the court grants a party

permission to file a longer brief, that extension does not affect the length of an amicus brief.

(6) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing when

necessary, no later than 7 days after the principal brief of the party being supported is filed. An amicus

curiae that does not support either party must file its brief no later than 7 days after the appellant's or

petitioner's principal brief is filed. A court may grant leave for later filing, specifying the time within

which an opposing party may answer.

(7) Reply Brief. Except by the court's permission, an amicus curiae may not file a reply brief.

(8) Oral Argument. An amicus curiae may participate in oral argument only with the court's

permission.

(b) During Consideration of Whether to Grant Rehearing.

(1) Applicability. This Rule 29(b) governs amicus filings during a court’s consideration of whether

to grant panel rehearing or rehearing en banc, unless a local rule or order in a case provides otherwise.

(2) When Permitted. The United States or its officer or agency or a state may file an amicus brief

without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by

leave of court.

(3) Motion for Leave to File. Rule 29(a)(3) applies to a motion for leave.

(4) Contents, Form, and Length. Rule 29(a)(4) applies to the amicus brief. The brief must not

exceed 2,600 words.

(5) Time for Filing. An amicus curiae supporting the petition for rehearing or supporting neither

party must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after

the petition is filed. An amicus curiae opposing the petition must file its brief, accompanied by a motion

for filing when necessary, no later than the date set by the court for the response.

Rule 29

Circuit Rule 29

Brief of an Amicus Curiae

This Rule governs the brief for an amicus curiae during the court’s initial consideration of the

case on the merits and applies only to the brief for an amicus curiae not appointed by the court. A

brief for an amicus curiae appointed by the court is governed by the provisions of Circuit Rule 28.

(a) Contents of Brief. The brief must avoid repetition of facts or legal arguments made in the

principal (appellant/petitioner or appellee/respondent) brief and focus on points not made or

adequately elaborated upon in the principal brief, although relevant to the issues before this court.

(b) Leave to File. Any individual or non-governmental entity intending to participate as amicus

curiae must file either a written representation that all parties consent to such participation, or, in the

absence of such consent, a motion for leave to participate as amicus curiae. (For this purpose, the

term "governmental entity" includes the United States or an officer or agency thereof, the District of

Columbia, or a State, Territory, or Commonwealth of the United States.) Any disclosure statement

required by Circuit Rule 26.1 must accompany a written representation of consent to participate as

amicus curiae or a motion for leave to participate as amicus. The time for filing is governed by FRAP

29(a)(6); however, the court encourages individuals and non-governmental entities to file a written

representation of consent or motion for leave to participate, and governmental entities to file a notice

of intent to file an amicus brief, as promptly as practicable after the case is docketed in this court.

Leave to participate as amicus will not be granted and an amicus brief will not be accepted if the

participation of amicus would result in the recusal of a member of the panel that has been assigned to

the case.

case. In the absence of provision for such a brief in the order, the brief must be filed in accordance

with the time limitations described in FRAP 29(a)(6).

(d) Single Brief. Amici curiae on the same side must join in a single brief to the extent practicable.

This requirement does not apply to a governmental entity. Any separate brief for an amicus curiae

must contain a certificate of counsel plainly stating why the separate brief is necessary. Generally

unacceptable grounds for the filing of separate briefs include representations that the issues presented

require greater length than these rules allow (appropriately addressed by a motion to exceed length

limits), that counsel cannot coordinate their efforts due to geographical dispersion, or that separate

presentations were allowed in earlier proceedings.

See Circuit Rule 28(d) (Briefs for Intervenors), Circuit Rule 34(e) (Participation in Oral

Argument by Amici Curiae), and Circuit Rule 35(f) (Limitation on amici briefs during consideration

whether to grant rehearing).

Rule 29

Rule 30. Appendix to the Briefs

(a) Appellant's Responsibility.

(1) Contents of the Appendix. The appellant must prepare and file an appendix to the briefs

containing:

(A) the relevant docket entries in the proceeding below;

(B) the relevant portions of the pleadings, charge, findings, or opinion;

(D) other parts of the record to which the parties wish to direct the court's attention.

(2) Excluded Material. Memoranda of law in the district court should not be included in the

appendix unless they have independent relevance. Parts of the record may be relied on by the court or

the parties even though not included in the appendix.

(3) Time to File; Number of Copies. Unless filing is deferred under Rule 30(c), the appellant must

file 10 copies of the appendix with the brief and must serve one copy on counsel for each party

separately represented. An unrepresented party proceeding in forma pauperis must file 4 legible copies

with the clerk, and one copy must be served on counsel for each separately represented party. The court

may by local rule or by order in a particular case require the filing or service of a different number.

(b) All Parties' Responsibilities.

(1) Determining the Contents of the Appendix. The parties are encouraged to agree on the

contents of the appendix. In the absence of an agreement, the appellant must, within 14 days after the

record is filed, serve on the appellee a designation of the parts of the record the appellant intends to

include in the appendix and a statement of the issues the appellant intends to present for review. The

appellee may, within 14 days after receiving the designation, serve on the appellant a designation of

additional parts to which it wishes to direct the court's attention. The appellant must include the

designated parts in the appendix. The parties must not engage in unnecessary designation of parts of the

record, because the entire record is available to the court. This paragraph applies also to a

cross-appellant and a cross-appellee.

(2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the cost of the

appendix. If the appellant considers parts of the record designated by the appellee to be unnecessary, the

appellant may advise the appellee, who must then advance the cost of including those parts. The cost of

the appendix is a taxable cost. But if any party causes unnecessary parts of the record to be included in

the appendix, the court may impose the cost of those parts on that party. Each circuit must, by local rule,

provide for sanctions against attorneys who unreasonably and vexatiously increase litigation costs by

including unnecessary material in the appendix.

Rule 30

(1) Deferral Until After Briefs Are Filed. The court may provide by rule for classes of cases or by

order in a particular case that preparation of the appendix may be deferred until after the briefs have been

filed and that the appendix may be filed 21 days after the appellee's brief is served. Even though the

filing of the appendix may be deferred, Rule 30(b) applies; except that a party must designate the parts of

the record it wants included in the appendix when it serves its brief, and need not include a statement of

the issues presented.

(2) References to the Record.

(A) If the deferred appendix is used, the parties may cite in their briefs the pertinent pages of the

record. When the appendix is prepared, the record pages cited in the briefs must be indicated by

inserting record page numbers, in brackets, at places in the appendix where those pages of the record

appear.

(B) A party who wants to refer directly to pages of the appendix may serve and file copies of the

brief within the time required by Rule 31(a), containing appropriate references to pertinent pages of the

record. In that event, within 14 days after the appendix is filed, the party must serve and file copies of

the brief, containing references to the pages of the appendix in place of or in addition to the references to

the pertinent pages of the record. Except for the correction of typographical errors, no other changes

may be made to the brief.

(d) Format of the Appendix. The appendix must begin with a table of contents identifying the page at

which each part begins. The relevant docket entries must follow the table of contents. Other parts of the

record must follow chronologically. When pages from the transcript of proceedings are placed in the

appendix, the transcript page numbers must be shown in brackets immediately before the included pages.

Omissions in the text of papers or of the transcript must be indicated by asterisks. Immaterial formal

matters (captions, subscriptions, acknowledgments, etc.) should be omitted.

(e) Reproduction of Exhibits. Exhibits designated for inclusion in the appendix may be reproduced in

a separate volume, or volumes, suitably indexed. Four copies must be filed with the appendix, and one

copy must be served on counsel for each separately represented party. If a transcript of a proceeding

before an administrative agency, board, commission, or officer was used in a district-court action and

has been designated for inclusion in the appendix, the transcript must be placed in the appendix as an

exhibit.

(f) Appeal on the Original Record Without an Appendix. The court may, either by rule for all cases

or classes of cases or by order in a particular case, dispense with the appendix and permit an appeal to

proceed on the original record with any copies of the record, or relevant parts, that the court may order

the parties to file.

Rule 30

Circuit Rule 30

Appendix to the Briefs

(a) Filing and Form. Except as provided in Circuit Rules 9 or 24, an appendix must be prepared as

prescribed by FRAP 30. Appellant or petitioner must file 8 copies of the appendix with the court, and

serve one copy on counsel for each separately represented party, at the time the brief for appellant or

petitioner is filed, unless filing is to be deferred pursuant to FRAP 30(c). When an appendix is filed

electronically, 7 paper copies must be filed in addition to the electronic version. The appendix must

be reproduced on light paper by any duplicating or copying process capable of producing a clear black

image; such duplication may be made on both sides of each page.

(b) Record Items to Be Included. The appendix must contain a copy of relevant portions of all

pleadings, transcripts, and exhibits that are cited in the briefs. Counsel must not, however, burden the

appendix with material of excessive length or items that do not bear directly on the issues raised on

appeal. Costs will not be awarded for unnecessary reproduction of items such as discovery materials,

memoranda, pretrial briefs, or interlocutory motions or rulings that lack direct relevance to the appeal;

appropriate sanctions will be imposed, after notice and opportunity to respond, if the court finds

counsel to have been unreasonable in including such material. Any portion of the record, whether or

not included in an appendix, may be relied upon by the parties and by the court.

described at FRAP 30(c).

(d) Motion to Dispense With Appendix. For good cause shown, appellant or petitioner may be

excused from the requirement of producing an appendix or any part thereof.

(e) Supplementing the Appendix. If anything material to the appeal or petition is omitted from the

appendix, the clerk, on the duly served and filed written request of any party, may allow the appendix

to be supplemented.

See also Circuit Rule 47.1 (Matters Under Seal).

Rule 30

Rule 31. Serving and Filing Briefs

(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee

must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve

and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at

least 7 days before argument, unless the court, for good cause, allows a later filing.

(2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed

may shorten the time to serve and file briefs, either by local rule or by order in a particular case.

(b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2 copies must

be served on each unrepresented party and on counsel for each separately represented party. An

unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy

must be served on each unrepresented party and on counsel for each separately represented party. The

court may by local rule or by order in a particular case require the filing or service of a different number.

rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to

file a brief will not be heard at oral argument unless the court grants permission.

Circuit Rule 31

Serving and Filing Briefs

(a) Time to Serve and File a Brief. Parties must serve and file their briefs in accordance with the

scheduling order issued by the court.

(b) Number of Copies. Except for unrepresented persons proceeding in forma pauperis, the original

and 8 copies of every brief must be filed. When the deferred appendix method is used, one copy of

the initial briefs must be filed, followed by the original and 8 copies in final form. For ECF filers, the

initial briefs are to be filed in electronic format only, unless the court requests paper copies. An

unrepresented person proceeding in forma pauperis must file with the clerk one original brief, and the

clerk will duplicate the necessary copies.

See also Circuit Rule 47.1(d)(1) (Matters Under Seal).

Rule 31

Rule 32. Form of Briefs, Appendices, and Other Papers

(a) Form of a Brief.

(1) Reproduction.

(A) A brief may be reproduced by any process that yields a clear black image on light paper. The

paper must be opaque and unglazed. Only one side of the paper may be used.

(B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer.

copy of the original; a glossy finish is acceptable if the original is glossy.

(2) Cover. Except for filings by unrepresented parties, the cover of the appellant's brief must be

blue; the appellee's, red; an intervenor's or amicus curiae's, green; any reply brief, gray; and any

supplemental brief, tan. The front cover of a brief must contain:

(A) the number of the case centered at the top;

(B) the name of the court;

(D) the nature of the proceeding (e.g., Appeal, Petition for Review) and the name of the court,

agency, or board below;

(E) the title of the brief, identifying the party or parties for whom the brief is filed; and

(F) the name, office address, and telephone number of counsel representing the party for whom the

brief is filed.

(3) Binding. The brief must be bound in any manner that is secure, does not obscure the text, and

permits the brief to lie reasonably flat when open.

(4) Paper Size, Line Spacing, and Margins. The brief must be on 8½ by 11 inch paper. The text

must be double-spaced, but quotations more than two lines long may be indented and single-spaced.

Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page

numbers may be placed in the margins, but no text may appear there.

(5) Typeface. Either a proportionally spaced or a monospaced face may be used.

(A) A proportionally spaced face must include serifs, but sans-serif type may be used in headings

and captions. A proportionally spaced face must be 14-point or larger.

(B) A monospaced face may not contain more than 10½ characters per inch.

Rule 32

(6) Type Styles. A brief must be set in a plain, roman style, although italics or boldface may be used

for emphasis. Case names must be italicized or underlined.

(7) Length.

(A) Page Limitation. A principal brief may not exceed 30 pages, or a reply brief 15 pages, unless

it complies with Rule 32(a)(7)(B).

(B) Type-Volume Limitation.

(i) A principal brief is acceptable if it:

! contains no more than 13,000 words; or

! uses a monospaced face and contains no more than 1,300 lines of text.

(ii) A reply brief is acceptable if it contains no more than half of the type volume specified in

Rule 32(a)(7)(B)(i).

(b) Form of an Appendix. An appendix must comply with Rule 32(a)(1), (2), (3), and (4), with the

following exceptions:

(1) The cover of a separately bound appendix must be white.

(2) An appendix may include a legible photocopy of any document found in the record or of a

printed judicial or agency decision.

(3) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an

appendix may be a size other than 8½ by 11 inches, and need not lie reasonably flat when opened.

(1) Motion. The form of a motion is governed by Rule 27(d).

(2) Other Papers. Any other paper, including a petition for panel rehearing and a petition for

hearing or rehearing en banc, and any response to such a petition, must be reproduced in the manner

prescribed by Rule 32(a), with the following exceptions:

(A) A cover is not necessary if the caption and signature page of the paper together contain the

information required by Rule 32(a)(2). If a cover is used, it must be white.

(B) Rule 32(a)(7) does not apply.

(d) Signature. Every brief, motion, or other paper filed with the court must be signed by the party filing

the paper or, if the party is represented, by one of the party’s attorneys.

Rule 32

(e) Local Variation. Every court of appeals must accept documents that comply with the form

requirements of this rule and the length limits set by these rules. By local rule or order in a particular

case, a court of appeals may accept documents that do not meet all the form requirements of this rule or

the length limits set by these rules.

(f) Items Excluded from Length. In computing any length limit, headings, footnotes, and quotations

count toward the limit but the following items do not:

• cover page;

• disclosure statement;

• table of contents;

• table of citations;

• statement regarding oral argument;

• addendum containing statutes, rules, or regulations;

• certificate of counsel;

• signature block;

• proof of service; and

• any item specifically excluded by these rules or by local rule.

(g) Certificate of Compliance.

(1) Briefs and Papers That Require a Certificate. A brief submitted under Rules 28.1(e)(2),

29(b)(4), or 32(a)(7)(B)—and a paper submitted under Rules 5(c)(1), 21(d)(1), 27(d)(2)(A), 27(d)(2)(C),

35(b)(2)(A), or 40(b)(1)—must include a certificate by the attorney, or an unrepresented party, that the

document complies with the type-volume limitation. The person preparing the certificate may rely on

the word or line count of the word-processing system used to prepare the document. The certificate must

state the number of words—or the number of lines of monospaced type—in the document.

(2) Acceptable Form. Form 6 in the Appendix of Forms meets the requirements for a certificate of

compliance.

Circuit Rule 32

Form of Briefs, Appendices, and Other Papers

(a) Electronic Signatures.

(1) The ECF Filer. The filer log-in and password required to submit documents to the CM/ECF

system serve as the filer’s signature for all purposes under the Federal Rules of Appellate Procedure

and the rules of this court. The name of the filer under whose log-in and password a document is

submitted must be preceded by an "/s/" and typed in the space where the signature would otherwise

appear, followed by the firm name, if any, and the attorney’s or party’s street address, telephone

number, and e-mail address. No ECF filer or other person may knowingly permit or cause to permit a

filer’s log-in and password to be used by anyone other than an authorized agent of the ECF filer. See

Circuit Rule 25(b)(3).

Rule 32

(2) Other Signatures. Documents requiring signatures of more than one party must be

electronically filed either by: (i) submitting a scanned document containing all necessary signatures;

(ii) representing the consent of the other parties on the document; or (iii) in any other manner

approved by the court. Electronically represented signatures of all parties and ECF filers as described

above are presumed to be valid signatures. If any party, counsel of record, or ECF filer objects to the

representation of his or her signature on an electronic document as described above, he or she must,

within 14 days of the filing, file a notice setting forth the basis of the objection.

(3) Retention Requirements. Documents that are electronically filed and require original

signatures other than that of the filer must be maintained in paper form by the filer until issuance of

the mandate (or entry of the final order, in a case in which no mandate will issue) or until such later

date as the court prescribes. On request of the court, the filer must provide original documents for

review.

(b) Format.

(1) Electronically Filed Documents. Before filing a document with the court, an ECF filer must

verify its legibility and completeness. Documents created by the filer and filed electronically must be

in Portable Document Format (PDF), which is generated from an original word-processing file and is

text searchable. Appendix items and attachments to an electronically-filed document may be scanned

if a word-processing version is not available. When a document has been filed electronically, the

official record is the electronic document stored by the court, and the filing party is bound by the

document as filed.

(2) Exception for Oversized Documents. If an exhibit, attachment, or appendix item qualifies

for an exception to the requirement of electronic filing and service under Circuit Rule 25(c)(5), the

document may be filed in paper form.

(1) Electronically filed documents may contain the following types of hyperlinks:

! Hyperlinks to other portions of the same document or to other documents filed in the case;

! Hyperlinks to documents that are part of the record on appeal or the record on review or

enforcement of an agency order;

! Hyperlinks to authorities cited in the document.

(2) Hyperlinks do not replace standard citations to authority and parts of the record; standard

citations must be provided in addition to any hyperlink. Hyperlinks are simply mechanisms for

accessing material cited in a filed document and are not considered part of this court’s record. The

court accepts no responsibility for the availability or functionality of any hyperlink and does not

endorse any product, organization, or content at any hyperlinked site.

Rule 32

(d) Paper Copies of Electronic Filings.

(1) In General. Except for documents listed below or unless the court directs otherwise,

documents filed electronically are not to be submitted to the court in paper form.

(2) Motions. In addition to filing electronically, paper copies must be filed with the court of the

following motions, including any accompanying documents, and any responses thereto, and replies:

dispositive motions (e.g., motions for summary disposition, motions to transfer or remand, and

motions to dismiss except those seeking voluntary dismissal in civil cases and in criminal cases where

the government is the appellant), procedural motions unless the motion states it is unopposed,

motions for stay and emergency relief pursuant to Circuit Rules 8 and 18, motions to expedite,

motions or applications under Circuit Rule 9, motions for leave to proceed in forma pauperis, motions

for appointment of counsel, and motions to exceed the length limits. The number of paper copies is

governed by Circuit Rule 27(b); the "original" is the electronic filing.

(3) Other Documents. Except as provided in Circuit Rule 25(c)(5), electronic filing is required

for any portion of an appendix that is available in electronic format and fully text searchable. In

addition to filing electronically, paper copies of the following documents must be filed with the court:

briefs (except initial briefs when the deferred appendix method is used), appendices, memoranda of

law and fact, petitions filed pursuant to FRAP 5 or 21, responsive pleadings to petitions and replies

thereto, letters pursuant to FRAP 28(j), proposed judgments in a National Labor Relations Board

proceeding, petitions for panel rehearing and hearing or rehearing en banc, and responses to orders to

show cause. The number of paper copies is governed by the rules pertaining to that document or by

order in a particular case; the "original" is the electronic filing.

(4) Time of Filing Paper Copies. Unless the court has ordered filing by hand or other means,

filing of paper copies of non-emergency documents may be accomplished by First-Class Mail

addressed to the clerk, or other class of mail that is at least as expeditious, postage prepaid, within

two business days of the electronic filing.

(e) Form of Briefs. Except as provided below, the form of briefs is governed by FRAP 28.1 and

32(a).

(1) Length of Briefs. In calculating the number of words and lines that do not count toward the

word and line limitations, the certificate required by Circuit Rule 28(a)(1), the glossary, and any

addendum containing evidence in support of the claim of standing required by Circuit Rule 28(a)(7),

may be excluded, in addition to the items listed in FRAP 32(f).

(2) Length of Briefs for Intervenors.

(A) Page limitation. A principal brief for an intervenor may not exceed 19 pages, and a reply

brief 9 pages, unless it complies with Circuit Rule 32(e)(2)(B).

Rule 32

(B) Type-volume limitation.

(i) A principal brief is acceptable if:

! it contains no more than 9,100 words; or

! it uses a monospaced face and contains no more than 813 lines of text.

(ii) A reply brief is acceptable if it contains no more than half of the type volume

specified in Circuit Rule 32(e)(2)(B)(i).

compliance required by FRAP 32(g)(1).

(3) Length of Briefs for Amici Curiae not Appointed by the Court. See FRAP 29(a)(5).

(f) Pleading by Letter. Except as prescribed by FRAP 28(j), parties, other than pro se litigants

proceeding in forma pauperis, may not plead by letter.

(g) Nonconforming Papers. If the court receives any submission that does not conform substantially

to the requirements of the FRAP or these rules, the clerk will promptly notify the person making the

submission and direct that person to cure the defect or submit an appropriate motion. See FRAP

25(a)(4).

See also Circuit Rule 25 (Filing and Service) and Circuit Rule 28 (Briefs).

Rule 32

Rule 32.1. Citing Judicial Dispositions

(a) Citation Permitted. A court may not prohibit or restrict the citation of federal judicial opinions,

orders, judgments, or other written dispositions that have been:

(i) designated as "unpublished," "not for publication," "non-precedential," "not precedent," or

the like; and

(ii) issued on or after January 1, 2007.

(b) Copies Required. If a party cites a federal judicial opinion, order, judgment, or other written

disposition that is not available in a publicly accessible electronic database, the party must file and serve

a copy of that opinion, order, judgment, or disposition with the brief or other paper in which it is cited.

Circuit Rule 32.1

Citing Judicial Dispositions

(a) Citation to Published Opinions and to Statutes. Citations to decisions of this court must be to

the Federal Reporter. Dual or parallel citation of cases is not required. Citations of state court

decisions included in the National Reporter System must be to that system in both the text and the

table of authorities. Citations to all federal statutes, including those statutes applicable to the District

of Columbia, must refer to the current official code or its supplement, or if there is no current official

code, to a current unofficial code or its supplement. Citation to the official session laws is not

required unless there is no code citation.

(b) Citation to Unpublished Dispositions.

(1) Unpublished Dispositions of this Court.

(A) Unpublished dispositions entered before January 1, 2002. Unpublished orders or

judgments of this court, including explanatory memoranda and sealed dispositions, entered before

January 1, 2002, are not to be cited as precedent. Counsel may refer to an unpublished disposition,

however, when the binding (i.e., the res judicata or law of the case) or preclusive effect of the

disposition, rather than its quality as precedent, is relevant.

(B) Unpublished dispositions entered on or after January 1, 2002. All unpublished orders

or judgments of this court, including explanatory memoranda (but not including sealed dispositions),

entered on or after January 1, 2002, may be cited as precedent. Counsel should review the criteria

governing published and unpublished opinions in Circuit Rule 36, in connection with reliance upon

unpublished dispositions of this court.

(2) Unpublished Opinions of Other Courts. Unpublished dispositions of other courts of

appeals and district courts entered before January 1, 2007, may be cited when the binding (i.e., the res

Rule 32.1

judicata or law of the case) or preclusive effect of the disposition is relevant. Otherwise, unpublished

dispositions of other courts of appeals entered before January 1, 2007, may be cited only under the

circumstances and for the purposes permitted by the court issuing the disposition, and unpublished

dispositions of district courts entered before that date may not be cited. Unpublished dispositions of

other federal courts entered on or after January 1, 2007, may be cited in accordance with FRAP 32.1.

(3) Procedures Governing Citation to Unpublished Dispositions. A copy of each unpublished

disposition cited in a brief that is not available in a publicly accessible electronic database must be

included in an appropriately labeled addendum to the brief. The addendum may be bound together

with the brief, but separated from the body of the brief (and from any other addendum) by a distinctly

colored separation page. Any addendum exceeding 40 pages must be bound separately from the brief.

If the addendum is bound separately, it must be filed and served concurrently with, and in the same

number of copies as, the brief itself.

Rule 32.1

Rule 33. Appeal Conferences

The court may direct the attorneys—and, when appropriate, the parties—to participate in one or

more conferences to address any matter that may aid in disposing of the proceedings, including

simplifying the issues and discussing settlement. A judge or other person designated by the court may

preside over the conference, which may be conducted in person or by telephone. Before a settlement

conference, the attorneys must consult with their clients and obtain as much authority as feasible to settle

the case. The court may, as a result of the conference, enter an order controlling the course of the

proceedings or implementing any settlement agreement.

Circuit Rule 33

Appeal Conferences

There is no corresponding Circuit Rule.

Rule 33

Rule 34. Oral Argument

(a) In General.

(1) Party's Statement. Any party may file, or a court may require by local rule, a statement

explaining why oral argument should, or need not, be permitted.

(2) Standards. Oral argument must be allowed in every case unless a panel of three judges who

have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the

following reasons:

(A) the appeal is frivolous;

(B) the dispositive issue or issues have been authoritatively decided; or

decisional process would not be significantly aided by oral argument.

(b) Notice of Argument; Postponement. The clerk must advise all parties whether oral argument will

be scheduled, and, if so, the date, time, and place for it, and the time allowed for each side. A motion to

postpone the argument or to allow longer argument must be filed reasonably in advance of the hearing

date.

must not read at length from briefs, records, or authorities.

(d) Cross-Appeals and Separate Appeals. If there is a cross-appeal, Rule 28.1(b) determines which

party is the appellant and which is the appellee for purposes of oral argument. Unless the court directs

otherwise, a cross-appeal or separate appeal must be argued when the initial appeal is argued. Separate

parties should avoid duplicative argument.

(e) Nonappearance of a Party. If the appellee fails to appear for argument, the court must hear

appellant's argument. If the appellant fails to appear for argument, the court may hear the appellee's

argument. If neither party appears, the case will be decided on the briefs, unless the court orders

otherwise.

(f) Submission on Briefs. The parties may agree to submit a case for decision on the briefs, but the

court may direct that the case be argued.

(g) Use of Physical Exhibits at Argument; Removal. Counsel intending to use physical exhibits other

than documents at the argument must arrange to place them in the courtroom on the day of the argument

before the court convenes. After the argument, counsel must remove the exhibits from the courtroom,

unless the court directs otherwise. The clerk may destroy or dispose of the exhibits if counsel does not

reclaim them within a reasonable time after the clerk gives notice to remove them.

Rule 34

Circuit Rule 34

Oral Argument

(a) Substance and Style of Oral Argument. Oral argument should undertake to emphasize and

clarify the written argument appearing in the briefs. This court will not entertain any oral argument

that is read from a prepared text.

(b) Time Allowed for Argument. Counsel will be afforded such time for oral argument as the court

may provide and will be so advised by order.

scheduled argument, the court must be notified of the names of counsel who will argue. Not more

than 2 counsel may be heard for each side except by leave of the court, granted on motion for good

cause shown. Such requests are not favored. In cases in which 15 minutes or less per side is allotted

for argument, only one counsel may be heard for each side except by leave of the court, granted on

motion for good cause shown.

(d) Apportionment of Time Among Parties. In the absence of an order of this court, and subject to

the provision as to number of counsel stated in paragraph (c), counsel for the parties on each side of a

case, including counsel for any intervenor, may agree on the apportionment of the time allotted. In

the event of a failure to agree, the court will allocate the time upon motion duly filed and served.

Unless otherwise ordered, counsel for an intervenor will be permitted to argue only to the extent that

counsel for the party whose side the intervenor supports is willing to share allotted time.

(e) Participation in Oral Argument by Amici Curiae. An amicus curiae, other than one appointed

by the court, will not be permitted to participate in the oral argument without leave of the court

granted for extraordinary reasons on motion, except that counsel for the party supported by amicus

curiae may consent to such participation subject to the provision as to number of counsel stated in

paragraph (c) above. A motion by amicus curiae seeking leave to participate in oral argument must

be filed at least 14 days prior to the date oral argument is scheduled.

(f) Failure to File Brief. A party who fails to file a brief will not be heard at the time of oral

argument except by permission of the court.

(g) Continuance of Oral Argument. When a case has been set for oral argument, it may not be

continued by stipulation of the parties, but only by order of the court upon a motion evidencing

extraordinary cause for a continuance.

(h) Consolidation. Where 2 or more cases are consolidated under FRAP 3(b) or for other reason by

this court, the consolidated cases will be considered as one case for the purpose of this rule unless the

court directs otherwise.

(i) Exhibits and Handouts. If counsel intends to use exhibits during argument or to hand out

prepared materials, notice of this intent must be provided to the court and all other counsel presenting

Rule 34

argument by letter received not less than 7 days before the date of the argument. The letter must set

forth justification for the use of the exhibits or handouts.

(j) Disposition Without Oral Argument.

(1) Procedure. Whenever the court, on its own motion, or on the motion of a party or stipulation

of the parties, concludes that oral argument is not needed, the court may, after causing notice of that

determination to be given to the parties by the clerk, proceed to dispose of the case without oral

argument.

(2) Reconsideration. Motions for reconsideration of a decision to dispose of a case without oral

argument may be made within 10 days of the date of the order advising counsel of this court’s

determination that the case is to be decided without oral argument. Such motions are disfavored.

Rule 34

Rule 35. En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are

in regular active service and who are not disqualified may order that an appeal or other proceeding be

heard or reheard by the court of appeals en banc. An en banc hearing or rehearing is not favored and

ordinarily will not be ordered unless:

(1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or

(2) the proceeding involves a question of exceptional importance.

(b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or rehearing en

banc.

(1) The petition must begin with a statement that either:

(A) the panel decision conflicts with a decision of the United States Supreme Court or of the court

to which the petition is addressed (with citation to the conflicting case or cases) and consideration by the

full court is therefore necessary to secure and maintain uniformity of the court's decisions; or

(B) the proceeding involves one or more questions of exceptional importance, each of which must

be concisely stated; for example, a petition may assert that a proceeding presents a question of

exceptional importance if it involves an issue on which the panel decision conflicts with the authoritative

decisions of other United States Courts of Appeals that have addressed the issue.

(2) Except by the court's permission:

(A) a petition for an en banc hearing or rehearing produced using a computer must not exceed

3,900 words; and

(B) a handwritten or typewritten petition for an en banc hearing or rehearing must not exceed 15

pages.

(3) For purposes of the limits in Rule 35(b)(2), if a party files both a petition for panel rehearing and

a petition for rehearing en banc, they are considered a single document even if they are filed separately,

unless separate filing is required by local rule.

en banc must be filed by the date when the appellee's brief is due. A petition for a rehearing en banc

must be filed within the time prescribed by Rule 40 for filing a petition for rehearing.

(d) Number of Copies. The number of copies to be filed must be prescribed by local rule and may be

altered by order in a particular case.

(e) Response. No response may be filed to a petition for an en banc consideration unless the court

orders a response. The length limits in Rule 35(b)(2) apply to a response.

Rule 35

(f) Call for a Vote. A vote need not be taken to determine whether the case will be heard or reheard en

banc unless a judge calls for a vote.

Circuit Rule 35

Petition for Panel Rehearing and Petition for Hearing or Rehearing En Banc

(a) Time Within Which to File. In all cases in which a party is one of those listed in FRAP

40(a)(1)(A) - (D), the time within which any party may seek panel rehearing or rehearing en banc is

45 days after entry of judgment or other form of decision. In all other cases, any petition for panel

rehearing or petition for rehearing en banc must be filed within 30 days after entry of judgment or

other form of decision. The time for filing a petition for panel rehearing or rehearing en banc will not

be extended except for good cause shown.

(b) Number of Copies and Length. An original and 4 copies of a petition for panel rehearing, and

an original and 19 copies of a petition for hearing or rehearing en banc must be filed. Such petitions

must conform to the length limits of FRAP 35. This court disfavors motions to exceed length limits,

and such motions will be granted only for extraordinarily compelling reasons.

the opinion of the panel from which rehearing is being sought; a certificate of parties and amici

curiae, as described in Circuit Rule 28(a)(1)(A); and a disclosure statement, as described in FRAP

26.1 and Circuit Rule 26.1, must be attached as an addendum to the petition. Any required disclosure

statement must also be attached to any response to a petition.

(d) Disposition of Petition. A petition for rehearing ordinarily will not be granted, nor will an

opinion or judgment be modified in any significant respect in response to a petition for rehearing, in

the absence of a request by the court for a response to the petition. A response to a petition for

hearing or rehearing en banc must conform to the length limits of FRAP 35; a response to a petition

for panel rehearing must conform to the length limits of FRAP 40.

A petition for panel rehearing will not be acted upon until action is ready to be taken on any

timely petition for rehearing en banc. If rehearing en banc is granted, the panel’s judgment, but

ordinarily not its opinion, will be vacated, and the petition for panel rehearing may be acted upon

without awaiting final termination of the en banc proceeding. Upon termination of the en banc

proceeding, a new judgment will be issued. If the en banc court divides evenly, a new judgment

affirming the decision under review will be issued.

(e) Filing Copies of Brief. When a petition for rehearing is granted, the court will issue an

appropriate order if further briefing is needed or if more copies of the original briefs are required.

(f) Brief of an Amicus Curiae. No amicus curiae brief in response to or in support of a petition for

rehearing en banc will be received by the clerk except by invitation of the court, and an amicus brief

will not be accepted if the participation of amicus would result in the recusal of a member of the en

banc court.

Rule 35

Rule 36. Entry of Judgment; Notice

(a) Entry. A judgment is entered when it is noted on the docket. The clerk must prepare, sign, and

enter the judgment:

(1) after receiving the court's opinion—but if settlement of the judgment's form is required, after

final settlement; or

(2) if a judgment is rendered without an opinion, as the court instructs.

(b) Notice. On the date when judgment is entered, the clerk must serve on all parties a copy of the

opinion—or the judgment, if no opinion was written—and a notice of the date when the judgment was

entered.

Circuit Rule 36

Entry of Judgment; Notice; Decisions of the Court

(a) Entry. In cases assigned to the court’s Case Management/Electronic Case Files (CM/ECF)

system, all judgments will be filed electronically in accordance with Circuit Rule 25 and the

procedures established by the court. That filing constitutes entry of the judgment on the docket as

required by FRAP 36(a).

(b) Notice. Upon the entry of the judgment in a case assigned to the CM/ECF system, the clerk will

electronically transmit a Notice of Docket Activity to all parties who have consented to electronic

service. Electronic transmission of the Notice of Docket Activity constitutes the notice and service

required by FRAP 36(b) and 45(c). For any party who has not consented to electronic service, the

clerk must serve in paper form a copy of the opinion or the judgment, if no opinion was written,

which notes the date the judgment was entered.

(1) Policy. It is the policy of this court to publish opinions and explanatory memoranda that have

general public interest.

(2) Published Opinions. An opinion, memorandum, or other statement explaining the basis for

the court's action in issuing an order or judgment will be published if it meets one or more of the

following criteria:

(A) with regard to a substantial issue it resolves, it is a case of first impression or the first case

to present the issue in this court;

(B) it alters, modifies, or significantly clarifies a rule of law previously announced by the

Rule 36

court;

(D) it criticizes or questions existing law;

(E) it resolves an apparent conflict in decisions within the circuit or creates a conflict with

another circuit;

(F) it reverses a published agency or district court decision, or affirms a decision of the district

court upon grounds different from those set forth in the district court's published opinion;

(G) it warrants publication in light of other factors that give it general public interest.

All published opinions of the court, prior to issuance, will be circulated to all judges on the court;

printed prior to release, unless otherwise ordered; and rendered by being filed with the clerk.

(d) Abbreviated Dispositions. The court may, while according full consideration to the issues,

dispense with published opinions where the issues occasion no need therefor, and confine its action to

such abbreviated disposition as it may deem appropriate, e.g., affirmance by order of a decision or

judgment of a court or administrative agency, a judgment of affirmance or reversal, containing a

notation of precedents or accompanied by a brief memorandum. If the parties have agreed to such

disposition, they may so state in their briefs or may so stipulate at any time prior to decision. In any

such case the court will promptly issue a judgment unless compelling reasons dictate otherwise.

(e) Unpublished Opinions.

(1) An opinion, memorandum, or other statement explaining the basis for this court's action in

issuing an order or judgment under subsection (d) above, which does not satisfy any of the criteria for

publication set out in subsection (c) above, will nonetheless be circulated to all judges on the court

prior to issuance. A copy of each such unpublished opinion, memorandum, or statement will be

retained as part of the case file in the clerk's office and be publicly available there on the same basis

as any published opinion.

(2) While unpublished dispositions may be cited to the court in accordance with FRAP 32.1 and

Circuit Rule 32.1(b)(1), a panel's decision to issue an unpublished disposition means that the panel

sees no precedential value in that disposition.

(f) Motion to Publish. Any person may, by motion made within 30 days after judgment or, if a

timely petition for rehearing is made, within 30 days after action thereon, request that an unpublished

opinion be published. Motions filed out of time will not be considered unless good cause is shown.

Motions for publication must be based upon one or more of the criteria listed in subsection (c). Such

motions are not favored and will be granted only for compelling reasons.

Rule 36

Rule 37. Interest on Judgment

(a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a civil case is

affirmed, whatever interest is allowed by law is payable from the date when the district court's judgment

was entered.

(b) When the Court Reverses. If the court modifies or reverses a judgment with a direction that a

money judgment be entered in the district court, the mandate must contain instructions about the

allowance of interest.

Circuit Rule 37

Interest on Judgment

There is no corresponding Circuit Rule.

Rule 37

Rule 38. Frivolous Appeal—Damages and Costs

If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or

notice from the court and reasonable opportunity to respond, award just damages and single or double

costs to the appellee.

Circuit Rule 38

Sanctions

When any party to a proceeding before this court or any attorney practicing before the court fails

to comply with the FRAP, these rules, or an order of this court, or takes an appeal or files a petition or

motion that is frivolous or interposed for an improper purpose, such as to harass or to cause

unnecessary delay, the court may, on its own motion, or on motion of a party, impose appropriate

sanctions on the offending party, the attorney, or both. Sanctions include dismissal for failure to

prosecute; imposition of costs, expenses, and attorneys' fees; and disciplinary proceedings. See 28

U.S.C. §§ 1912, 1927.

Rule 38

Rule 39. Costs

(a) Against Whom Assessed. The following rules apply unless the law provides or the court orders

otherwise:

(1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the appellee;

(4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as

the court orders.

(b) Costs For and Against the United States. Costs for or against the United States, its agency, or

officer will be assessed under Rule 39(a) only if authorized by law.

of producing necessary copies of a brief or appendix, or copies of records authorized by Rule 30(f). The

rate must not exceed that generally charged for such work in the area where the clerk's office is located

and should encourage economical methods of copying.

(d) Bill of Costs: Objections; Insertion in Mandate.

(1) A party who wants costs taxed must—within 14 days after entry of judgment—file with the

circuit clerk and serve an itemized and verified bill of costs.

(2) Objections must be filed within 14 days after service of the bill of costs, unless the court extends

the time.

(3) The clerk must prepare and certify an itemized statement of costs for insertion in the mandate,

but issuance of the mandate must not be delayed for taxing costs. If the mandate issues before costs are

finally determined, the district clerk must—upon the circuit clerk's request—add the statement of costs,

or any amendment of it, to the mandate.

(e) Costs on Appeal Taxable in the District Court. The following costs on appeal are taxable in the

district court for the benefit of the party entitled to costs under this rule:

(1) the preparation and transmission of the record;

(2) the reporter's transcript, if needed to determine the appeal;

(3) premiums paid for a bond or other security to preserve rights pending appeal; and

(4) the fee for filing the notice of appeal.

Rule 39

Circuit Rule 39

Costs

(a) Allowable Items. Costs will be allowed for the docketing fee and for the cost of reproducing the

number of copies of briefs and appendices to be filed with the court or served on parties, intervenors,

and amici curiae, plus 3 copies for the prevailing party. The costs of reproducing the required copies

of briefs and appendices will be taxed at actual cost or at a rate periodically set by the clerk to reflect

the per page cost for the most economical means of reproduction available in the Washington

metropolitan area, whichever is less. Charges incurred for covers and binding may also be claimed, at

actual cost not to exceed a rate similarly determined by the clerk. The rates set by the clerk will be

published by posting in the clerk’s office and on the court’s web site, and publication in The Daily

Washington Law Reporter.

(b) Procedure for Requesting Taxation of Costs. Forms furnished by the clerk’s office, or

facsimiles thereof, must be used in requesting taxation of costs. Parties submitting bills of costs that

are not itemized as required by the clerk or not presented on clerk’s office forms or reasonable

facsimiles thereof will be directed to provide a conforming request.

intervenors or amici curiae or separate replies thereto will be assessed unless allowed by the court on

motion.

(d) Costs of Producing Separate Briefs and Appendices Where Record is Sealed. The costs

under Circuit Rule 47.1 of preparing 2 sets of briefs, and/or 2 segments of appendices, may be

assessed if such costs are otherwise allowable.

Rule 39

Rule 40. Petition for Panel Rehearing

(a) Time to File; Contents; Response; Action by the Court if Granted.

(1) Time. Unless the time is shortened or extended by order or local rule, a petition for panel

rehearing may be filed within 14 days after entry of judgment. But in a civil case, unless an order

shortens or extends the time, the petition may be filed by any party within 45 days after entry of

judgment if one of the parties is:

(A) the United States;

(B) a United States agency;

(D) 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 –

including all instances in which the United States represents that person when the court of appeals'

judgment is entered or files the petition for that person.

(2) Contents. The petition must state with particularity each point of law or fact that the petitioner

believes the court has overlooked or misapprehended and must argue in support of the petition. Oral

argument is not permitted.

(3) Response. Unless the court requests, no response to a petition for panel rehearing is permitted.

Ordinarily, rehearing will not be granted in the absence of such a request. If a response is requested, the

requirements of Rule 40(b) apply to the response.

(4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the

following:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or resubmission; or

(b) Form of Petition; Length. The petition must comply in form with Rule 32. Copies must be served

and filed as Rule 31 prescribes. Except by the court’s permission:

(1) a petition for panel rehearing produced using a computer must not exceed 3,900 words; and

(2) a handwritten or typewritten petition for panel rehearing must not exceed 15 pages.

Rule 40

Circuit Rule 40

Petition for Panel Rehearing

See Circuit Rule 35.

Rule 40

Rule 41. Mandate: Contents; Issuance and Effective Date; Stay

(a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certified

copy of the judgment, a copy of the court's opinion, if any, and any direction about costs.

(b) When Issued. The court's mandate must issue 7 days after the time to file a petition for rehearing

expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for

rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend

the time by order.

(d) Staying the Mandate Pending a Petition for Certiorari.

(1) Motion to Stay. A party may move to stay the mandate pending the filing of a petition for a writ

of certiorari in the Supreme Court. The motion must be served on all parties and must show that the

petition would present a substantial question and that there is good cause for a stay.

(2) Duration of Stay; Extensions. The stay must not exceed 90 days, unless:

(A) the period is extended for good cause; or

(B) the party who obtained the stay notifies the circuit clerk in writing within the period of the

stay:

(i) that the time for filing a petition has been extended, in which case the stay continues for

the extended period; or

(ii) that the petition has been filed, in which case the stay continues until the Supreme Court's

final disposition.

(3) Security. The court may require a bond or other security as a condition to granting or continuing

a stay of the mandate.

(4) Issuance of Mandate. The court of appeals must issue the mandate immediately on receiving a

copy of a Supreme Court order denying the petition, unless extraordinary circumstances exist.

Circuit Rule 41

Issuance of Mandate; Stay of Mandate; Remand

(a) Mandate.

(1) Time for Issuance. While retaining discretion to direct immediate issuance of its mandate in

an appropriate case, the court ordinarily will include as part of its disposition an instruction that the

Rule 41

clerk withhold issuance of the mandate until 7 days after the expiration of the time for filing a petition

for rehearing or a petition for rehearing en banc and, if such petition is timely filed, until 7 days after

disposition thereof. Such an instruction is without prejudice to the right of any party at any time to

move for expedited issuance of the mandate for good cause shown.

(2) Stay of Mandate. A motion for a stay of the issuance of mandate will not be granted unless

the motion sets forth facts showing good cause for the relief sought. If the motion is granted, the stay

ordinarily will not extend beyond 90 days from the date that the mandate otherwise would have

issued. If a timely motion to stay issuance of the mandate has been filed, the mandate will not issue

while the motion is pending. If a party obtains a stay of issuance of the mandate, that party must

inform the clerk of this court whether the time for filing a petition for a writ of certiorari has been

extended and whether a petition has been filed with the Supreme Court within the period of the stay.

The clerk may grant an unopposed motion to stay issuance of the mandate for a period not longer

than 90 days from the date that the mandate otherwise would have issued. No motion to stay issuance

of the mandate will be granted by the clerk until after the response time has passed, unless the moving

party represents in the motion that all other parties either consent to the stay or do not object thereto.

The clerk may submit any motion governed by this subparagraph to the panel of the court that decided

the case.

(3) Writs. No mandate will issue in connection with an order granting or denying a writ of

mandamus or other special writ, but the order or judgment granting or denying the relief sought will

become effective automatically 21 days after issuance in the absence of an order or other special

direction of this court to the contrary.

(4) Mandate Recall if Rehearing En Banc Granted. When rehearing en banc is granted, the

court will recall the mandate if it has issued.

(b) Remand. If the record in any case is remanded to the district court or to an agency, this court

retains jurisdiction over the case. If the case is remanded, this court does not retain jurisdiction, and a

new notice of appeal or petition for review will be necessary if a party seeks review of the

proceedings conducted on remand.

Rule 41

Rule 42. Voluntary Dismissal

(a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk, the

district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the

appellant's motion with notice to all parties.

(b) Dismissal in the Court of Appeals.

(1) Stipulated Dismissal. The circuit clerk must dismiss a docketed appeal if the parties file a

signed dismissal agreement specifying how costs are to be paid and pay any court fees that are due.

(2) Appellant’s Motion to Dismiss. An appeal may be dismissed on the appellant’s motion on

terms agreed to by the parties or fixed by the court.

(3) Other Relief. A court order is required for any relief under Rule 42(b)(1) or (2) beyond the

dismissal of an appeal—including approving a settlement, vacating an action of the district court or an

administrative agency, or remanding the case to either of them.

settlement, payment, or other consideration.

(d) Criminal Cases. A court may, by local rule, impose requirements to confirm that a defendant has

consented to the dismissal of an appeal in a criminal case.

Circuit Rule 42

Voluntary Dismissal in a Criminal Case

In a criminal case, counsel must submit a motion to the court requesting dismissal, with service

on opposing counsel. If the appellant was the defendant in district court, the motion must be

accompanied by an affidavit from the appellant, stating that the appellant has been fully informed of

the circumstances of the case and of the consequences of a dismissal, and wishes to dismiss the

appeal. The affidavit must also recite the appellant’s satisfaction with the services of counsel.

See Circuit Rule 27(f) (Dispositive Motions).

Rule 42

Rule 43. Substitution of Parties

(a) Death of a Party.

(1) After Notice of Appeal Is Filed. If a party dies after a notice of appeal has been filed or while a

proceeding is pending in the court of appeals, the decedent's personal representative may be substituted

as a party on motion filed with the circuit clerk by the representative or by any party. A party's motion

must be served on the representative in accordance with Rule 25. If the decedent has no representative,

any party may suggest the death on the record, and the court of appeals may then direct appropriate

proceedings.

(2) Before Notice of Appeal Is Filed—Potential Appellant. If a party entitled to appeal dies

before filing a notice of appeal, the decedent's personal representative—or, if there is no personal

representative, the decedent's attorney of record—may file a notice of appeal within the time prescribed

by these rules. After the notice of appeal is filed, substitution must be in accordance with Rule 43(a)(1).

(3) Before Notice of Appeal Is Filed—Potential Appellee. If a party against whom an appeal may

be taken dies after entry of a judgment or order in the district court, but before a notice of appeal is filed,

an appellant may proceed as if the death had not occurred. After the notice of appeal is filed,

substitution must be in accordance with Rule 43(a)(1).

(b) Substitution for a Reason Other Than Death. If a party needs to be substituted for any reason

other than death, the procedure prescribed in Rule 43(a) applies.

(1) Identification of Party. A public officer who is a party to an appeal or other proceeding in an

official capacity may be described as a party by the public officer's official title rather than by name. But

the court may require the public officer's name to be added.

(2) Automatic Substitution of Officeholder. When a public officer who is a party to an appeal or

other proceeding in an official capacity dies, resigns, or otherwise ceases to hold office, the action does

not abate. The public officer's successor is automatically substituted as a party. Proceedings following

the substitution are to be in the name of the substituted party, but any misnomer that does not affect the

substantial rights of the parties may be disregarded. An order of substitution may be entered at any time,

but failure to enter an order does not affect the substitution.

Circuit Rule 43

Substitution of Parties

There is no corresponding Circuit Rule.

Rule 43

Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State

is Not a Party

(a) Constitutional Challenge to Federal Statute. If a party questions the constitutionality of an Act of

Congress in a proceeding in which the United States or its agency, officer, or employee is not a party in

an official capacity, the questioning party must give written notice to the circuit clerk immediately upon

the filing of the record or as soon as the question is raised in the court of appeals. The clerk must then

certify that fact to the Attorney General.

(b) Constitutional Challenge to State Statute. If a party questions the constitutionality of a statute of a

State in a proceeding in which that State or its agency, officer, or employee is not a party in an official

capacity, the questioning party must give written notice to the circuit clerk immediately upon the filing

of the record or as soon as the question is raised in the court of appeals. The clerk must then certify that

fact to the attorney general of the State.

Circuit Rule 44

Case Involving a Constitutional Question When the

United States or the Relevant State is Not a Party

There is no corresponding Circuit Rule.

Rule 44

Rule 45. Clerk's Duties

(a) General Provisions.

(1) Qualifications. The circuit clerk must take the oath and post any bond required by law. Neither

the clerk nor any deputy clerk may practice as an attorney or counselor in any court while in office.

(2) When Court Is Open. The court of appeals is always open for filing any paper, issuing and

returning process, making a motion, and entering an order. The clerk's office with the clerk or a deputy

in attendance must be open during business hours on all days except Saturdays, Sundays, and legal

holidays. A court may provide by local rule or by order that the clerk's office be open for specified hours

on Saturdays or on legal holidays other than New Year's Day, Martin Luther King Jr.'s Birthday,

Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day,

Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

(b) Records.

(1) The Docket. The circuit clerk must maintain a docket and an index of all docketed cases in the

manner prescribed by the Director of the Administrative Office of the United States Courts. The clerk

must record all papers filed with the clerk and all process, orders, and judgments.

(2) Calendar. Under the court's direction, the clerk must prepare a calendar of cases awaiting

argument. In placing cases on the calendar for argument, the clerk must give preference to appeals in

criminal cases and to other proceedings and appeals entitled to preference by law.

(3) Other Records. The clerk must keep other books and records required by the Director of the

Administrative Office of the United States Courts, with the approval of the Judicial Conference of the

United States, or by the court.

immediately serve a notice of entry on each party, with a copy of any opinion, and must note the date of

service on the docket. Service on a party represented by counsel must be made on counsel.

(d) Custody of Records and Papers. The circuit clerk has custody of the court's records and papers.

Unless the court orders or instructs otherwise, the clerk must not permit an original record or paper to be

taken from the clerk's office. Upon disposition of the case, original papers constituting the record on

appeal or review must be returned to the court or agency from which they were received. The clerk must

preserve a copy of any brief, appendix, or other paper that has been filed.

Rule 45

Circuit Rule 45

Clerk's Duties; Fees for Services

(a) Attendance at Sessions. The clerk or a deputy of the clerk will attend in person the sessions of

this court.

(b) Office Hours. The clerk's office will be open for the transaction of business from 9:00 A.M. until

4:00 P.M. daily, except Saturdays, Sundays, federal holidays, and any other day the chief judge

designates. The court is always open for the receipt of emergency papers and the transaction of

emergency business.

all orders, opinions, judgments, and other documents issued by the court in cases assigned to the

court’s Case Management/Electronic Case Files (CM/ECF) system will be filed electronically in

accordance with Circuit Rule 25 and the procedures established by the court. Any such filing

constitutes under FRAP 36 and 45(b) entry on the docket maintained by the clerk. Any order,

judgment, or other court-issued document filed electronically without the original signature of a judge

or authorized court personnel has the same force and effect as if the judge or clerk had signed a paper

copy. Orders also may be issued as "text-only " entries on the docket, without an attached document.

Such orders are official and binding.

(d) Notice of Orders and Judgments. Immediately upon the entry of an order or judgment in a case

assigned to the CM/ECF system, the clerk will electronically transmit a Notice of Docket Activity to

all parties who have consented to electronic service. Electronic transmission of the Notice of Docket

Activity constitutes the notice and service required by FRAP 36(b) and 45(c). For any party who has

not consented to electronic service, the clerk must immediately serve in paper form a notice of entry

with a copy of any opinion.

(e) Fees for Services. Fees, as prescribed by the Judicial Conference of the United States, are to be

charged for the following services performed by the clerk, except that no fees are to be charged for

services rendered on behalf of the United States. The schedule of currently applicable fees will be

posted on the court’s web site and distributed periodically as an appendix to these rules.

(1) Docketing a case or docketing any other proceeding. A separate fee must be paid by each

party filing a notice of appeal in the district court, but parties filing a joint notice of appeal in the

district court are required to pay only one fee. A docketing fee will not be charged for the docketing

of a petition for permission to appeal under FRAP 5, unless the appeal is allowed.

(2) Search of the records of this court and certifying the results.

(3) Certifying any document or paper, whether certification is made directly on the document or

by separate instrument.

(4) Reproducing any record or paper.

Rule 45

(5) Comparing with the original thereof any copy of any transcript of record, entry, or paper,

when such copy is furnished by any person requesting certification.

(f) Printed Copies of Opinions. For each printed copy of the decision in a case, including all

separate and dissenting opinions, the clerk will charge such sum as the court may from time to time

direct, and copies may be supplied without charge or at such reduced charge as the court may from

time to time designate. Each party in a case will receive 2 paper copies of the decision without

charge.

(g) Other Fees Not Authorized. No fees for services other than those authorized pursuant to law

may be charged.

See also Circuit Rule 1 (Scope of Rules; General Provisions), and Circuit Rule 25 (Filing and

Service).

Rule 45

Rule 46. Attorneys

(a) Admission to the Bar.

(1) Eligibility. An attorney is eligible for admission to the bar of a court of appeals if that attorney

is of good moral and professional character and is admitted to practice before the Supreme Court of the

United States, the highest court of a state, another United States court of appeals, or a United States

district court (including the district courts for Guam, the Northern Mariana Islands, and the Virgin

Islands).

(2) Application. An applicant must file an application for admission, on a form approved by the

court that contains the applicant's personal statement showing eligibility for membership. The applicant

must subscribe to the following oath or affirmation:

"I, ________________, do solemnly swear [or affirm] that I will conduct myself as an attorney

and counselor of this court, uprightly and according to law; and that I will support the

Constitution of the United States."

(3) Admission Procedures. On written or oral motion of a member of the court's bar, the court will

act on the application. An applicant may be admitted by oral motion in open court. But, unless the court

orders otherwise, an applicant need not appear before the court to be admitted. Upon admission, an

applicant must pay the clerk the fee prescribed by local rule or court order.

(b) Suspension or Disbarment.

(1) Standard. A member of the court's bar is subject to suspension or disbarment by the court if the

member:

(A) has been suspended or disbarred from practice in any other court; or

(B) is guilty of conduct unbecoming a member of the court's bar.

(2) Procedure. The member must be given an opportunity to show good cause, within the time

prescribed by the court, why the member should not be suspended or disbarred.

(3) Order. The court must enter an appropriate order after the member responds and a hearing is

held, if requested, or after the time prescribed for a response expires, if no response is made.

unbecoming a member of the bar or for failure to comply with any court rule. First, however, the court

must afford the attorney reasonable notice, an opportunity to show cause to the contrary, and, if

requested, a hearing.

Rule 46

Circuit Rule 46

Attorneys; Appearance by Law Student

(a) Appearances. Except as otherwise provided by law, the docketing statement and all papers filed

thereafter in this court must be signed by at least one member of the bar of this court, and only

members of the bar of this court may present oral argument. However, on motion for good cause

shown, the court may allow argument to be presented in a case by an attorney who is not a member of

the bar of this court.

(b) Admission. Each applicant for admission to the bar of this court must file with the clerk an

application for admission on a form approved by the court and furnished by the clerk, accompanied

by a certificate, executed not more than 60 days prior to the date of the application, from the court

upon which the application is based, evidencing the applicant's admission to practice before that court

and current good standing. Upon the court's grant of an application for admission, the clerk will mail

to the applicant a certificate of admission. Applicants for admission to the bar of this court need not

appear in person for the purpose of taking the oath or affirmation of admission. The fee for

admission will be set periodically by order of the court and must be tendered with the application.

reported to the clerk in writing. Counsel and pro se litigants who are registered for the court’s

CM/ECF system must immediately report any change in their postal or e-mail address by updating

their appellate filer account.

(d) Change of Name of Attorney After Admission. Any member of the bar of this court may file

with the clerk a certificate that he or she is engaged in practice under a new name. The clerk will note

such change of name on the roll of attorneys and on the records of this court.

(e) Disbarment and Suspension. For provisions governing the discipline of members of the bar of

this court, see the court's Rules of Disciplinary Enforcement.

(f) Committee on Admissions and Grievances. For provisions governing the Committee on

Admissions and Grievances and the referral of matters to that committee, see the court's Rules of

Disciplinary Enforcement.

(g) Appearance by Law Student.

(1) Entry of Appearance on Written Consent of Party. An eligible law student may enter an

appearance in this court on behalf of any party including the United States or a governmental agency,

provided that the party on whose behalf the student appears has consented thereto in writing, and that

a supervising lawyer has also indicated in writing approval of that appearance. In each case, the

written consent and approval must be filed with the clerk.

(2) Appearance on Briefs and Participation in Oral Argument. A law student who has

entered an appearance in a case pursuant to paragraph (1) may appear on the brief, provided the

Rule 46

supervising attorney also appears on the brief; may participate in oral argument, provided the

supervising attorney is present in court; and may take part in other activities in connection with the

case, subject to the direction of the supervising attorney.

(3) Eligibility. In order to be eligible to make an appearance pursuant to this rule, the law student

must:

(A) be duly enrolled in a law school accredited by the American Bar Association;

(B) have completed legal studies amounting to at least 4 semesters, or the equivalent if the

school is on some basis other than a semester basis;

held under the direction of a faculty member of such law school, in which a law student obtains

practical experience by participating in cases and matters pending before the courts;

(D) be certified by the dean of the law school as being of good character and competent legal

ability, and as being adequately trained to perform as a legal intern.

(4) Students Not to Be Compensated by Parties. A law student appearing pursuant to this rule

may neither ask for nor receive any compensation or remuneration of any kind for services from any

party on whose behalf the services are rendered; this rule does not prevent a lawyer, legal aid bureau,

law school, public defender agency, or the government from paying compensation to the eligible law

student, nor does it prevent any agency from making such charges for its services as may otherwise be

proper.

(5) Withdrawal or Termination of Certification. The certification of a student by the law

school dean must be filed with the clerk of this court and, unless it is sooner withdrawn, will remain

in effect for 18 months, or until the announcement of the results of the first bar examination following

the student's graduation, whichever is earlier. For any student who passes that examination, or who is

admitted to the bar without taking an examination, the certification will continue in effect until the

date the student is admitted to the bar. The certification may be withdrawn by the dean at any time by

mailing a notice to that effect to the student and to the clerk of this court. It is not necessary that the

notice state the cause for withdrawal, unless requested by the student. The certification may be

terminated by this court at any time without notice or hearing and without any showing of cause.

(6) Supervising Attorney. An attorney under whose supervision an eligible law student

undertakes any activity permitted by this rule must:

(A) be a member in good standing of the bar of this court;

(B) assume responsibility for the quality of the student's work;

circumstances.

Rule 46

Rule 47. 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 parties or lawyers regarding practice before a court must be in a 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 system 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 internal 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 because of a nonwillful failure to comply with the requirement.

(b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice in a

particular case in any manner consistent with federal law, these rules, and local rules of the circuit. No

sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal

law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular

case with actual notice of the requirement.

Circuit Rule 47

Local Rules by Courts of Appeals

(a) Amendment—Notice and Opportunity for Comment. These rules may be amended by the

court as provided herein. The court will give notice and opportunity for comment as provided in this

rule with respect to any proposed changes in these rules except where emergency or other conditions

render it impractical or unnecessary.

(b) Proposal for Change. Any person may propose a change in these rules by submitting a written

suggestion to the court or to its Advisory Committee on Procedures.

or from the Advisory Committee on Procedures, or upon its own motion, the court will, whenever

necessary or appropriate, give notice of a proposed change in these rules. Such notice will consist of

the text of the proposed change, or a description of the subjects and issues involved, together with a

brief explanation of the purpose of the proposal. The notice will be made public as follows:

(1) by posting a copy on the bulletin board next to the public counter in the clerk’s office and on

the court’s web site;

Rule 47

(2) by delivering a copy to The Daily Washington Law Reporter for publication;

(3) by sending a copy to the chair of the Advisory Committee on Procedures;

(4) by sending copies to:

(A) the president of the District of Columbia Bar;

(B) the president of the Bar Association of the District of Columbia;

(D) the president of the Women's Bar Association;

(E) the presidents of any nationwide bar associations, local chapters of nationwide bar

associations, or other voluntary groups of lawyers or citizens that notify the clerk of this court in

writing that they wish to receive copies of these notices.

(d) Comments by Public and Advisory Committee on Procedures. The notice will specify a

period of not less than 45 days from the date of its publication in The Daily Washington Law

Reporter within which any person may submit written comments on the proposed changes to the

Advisory Committee on Procedures. That committee must give consideration to all written

comments timely received and within 45 days from the close of the comment period transmit to this

court its recommendations with respect to the proposal and the written comments it has received.

(e) Final Action by Court. Following receipt of the committee's recommendation, this court may

determine that the proposed change should be adopted, that it should be amended and adopted, or that

it should be withdrawn. The court will publish notice of its final action respecting the proposal,

including the effective date of any change in these rules, in the manner provided in paragraph (c).

(f) Publication of Amendments Made Without Opportunity for Comment. If an amendment to

these rules is made without notice or opportunity for comment, it will be made public in the manner

provided in paragraph (c). Such publication will state the effective date of the amendment, which

may not be earlier than the date of publication.

Rule 47

Circuit Rule 47.1

Matters Under Seal

(a) Case with Record Under Seal. Any portion of the record that was placed under seal in the

district court or before an agency remains under seal in this court unless otherwise ordered. Parties

and their counsel are responsible for assuring that materials under seal remain under seal and are not

publicly disclosed.

(b) Agreement to Unseal. In any case in which the record in the district court or before an agency is

under seal in whole or in part and a notice of appeal or petition for review has been filed, each party

must promptly review the record to determine whether any portions of the record under seal need to

remain under seal on appeal. If a party determines that some portion should be unsealed, that party

must seek an agreement on the unsealing. Such agreement must be presented promptly to the district

court or agency for its consideration and issuance of an appropriate order.

portion of the record in this court, including confidential briefs or appendices filed under this rule.

On appeals from the district court, the motion will ordinarily be referred to the district court, and, if

necessary, the record remanded for that purpose, but the court may, when the interests of justice

require, decide that motion, and, if unsealing is ordered, remand the record for unsealing. Unless

otherwise ordered, the pendency of a motion under this rule will not delay the filing of any brief under

any scheduling order.

(d) Briefs Containing Material Under Seal.

(1) Two Sets of Briefs. If a party deems it necessary to refer in a brief to material under seal, 2

sets of briefs must be filed which are identical except for references to sealed materials. One set of

briefs must bear the legend "Under Seal" on the cover, and each page containing sealed material must

bear the legend "Under Seal" at the top of the page. The second set of briefs must bear the legend

"Public Copy—Sealed Material Deleted" on the cover, and each page from which material under seal

has been deleted must bear a legend stating "Material Under Seal Deleted" at the top of the page. The

party must file the original and 6 copies of the sealed brief and the original and 8 copies of the public

brief. Both sets of briefs must comply with the remainder of these rules, including Circuit Rule 32(e)

on length of briefs.

(2) Service. Each party must be served with 2 copies of the public brief and 2 copies of the brief

under seal, if the party is entitled to receive the material under seal. See, e.g., Fed. R. Crim. P. 6(e).

(3) Non-availability to the Public. Briefs filed with the court under seal are available only to

authorized court personnel and will not be made available to the public.

Rule 47.1

(e) Appendices Containing Matters Under Seal.

(1) Sealed Supplement to the Appendix; Number of Copies. If a party deems it necessary to

include material under seal in an appendix, the appendix must be filed in 2 segments. One segment

must contain all sealed material and bear the legend "Supplement—Under Seal" on the cover, and

each page of that supplement containing sealed material must bear the legend "Under Seal" at the top

of the page. The second appendix segment must bear the legend "Public Appendix—Sealed Material

in Separate Supplement" on the cover; each page from which material under seal has been deleted

must bear the legend "Material Under Seal Deleted" at the top of the page. The party must file 7

copies of the sealed supplement and 7 copies of the public appendix.

(2) Service; Number of Copies. Each party must be served with one copy of the public appendix

and one copy of the sealed supplement, if the party is entitled to receive the material under seal. See,

e.g., Fed. R. Crim. P. 6(e).

(3) Non-availability to the Public. Supplements to appendices filed with the court under seal

are available only to authorized court personnel and will not be made available to the public.

(f) Disposal of Sealed Records.

(1) In any case in which all or part of the record of this court (including briefs and appendices)

has been maintained under seal, the clerk will, in conjunction with the issuance of the mandate (or the

entry of the final order, in a case in which no mandate will issue), order the parties to show cause why

the record (or sealed portions) should not be unsealed. If the parties agree to unsealing, the record

will be unsealed by order of the court, issued by the clerk. No order to show cause will be issued in

cases where the nature of the materials themselves (e.g., grand jury materials) makes it clear that

unsealing would be impermissible. If the parties do not agree to unsealing, the order to show cause,

and any responses thereto, will be referred to the court for disposition.

(2) Any record material not unsealed pursuant to this rule will be designated "Temporary Sealed

Records," and transferred to the Federal Records Center under applicable regulations. The records

will be returned to the court for reconsideration of unsealing after a period of 20 years.

(3) The court may, on its own motion, issue an order to show cause and consider the unsealing of

any records in the court's custody, at any time.

(4) Counsel to an appeal involving sealed records must promptly notify the court when it is no

longer necessary to maintain the record or portions of the record under seal.

Rule 47.1

Circuit Rule 47.2

Certain Expedited Proceedings

(a) Appeal Expedited by Statute and Habeas Corpus Proceeding. Upon filing a notice of appeal

in a case invoking 18 U.S.C. § 3145, 18 U.S.C. § 3731, 28 U.S.C. chapter 153, 28 U.S.C. § 1826, or

28 U.S.C. § 1657, the clerk of the district court must transmit a copy of the notice of appeal and a

certified copy of the docket entries to the clerk of this court forthwith. The clerk of this court will

promptly open the appeal and enter an appropriate schedule upon the docket. If a hearing occurred,

appellant must order the necessary portions of the transcript on an expedited basis and make

arrangements with the clerk of the district court for prompt transmittal of the record to this court. A

party desiring more expedited briefing than the schedule entered by the clerk, or expedited oral

argument, should file a motion stating the basis for the requested relief.

(b) Sentencing Appeal Pursuant to 18 U.S.C. § 3742; Compassionate Release Appeal Pursuant

to 18 U.S.C. § 3582.

(1) In an appeal from a sentence or an appeal in a compassionate release case, the court may,

where appropriate or upon motion, establish an expedited schedule for briefing or a schedule for

memoranda of law and fact in lieu of briefs.

(2) The memoranda and the reply must comply with FRAP 27(d)(1)-(2). Except by permission or

direction of this court, the memoranda of law and fact may not exceed the length limits set by FRAP

27(d)(2), exclusive of pages containing the certificate required by Circuit Rule 28(a)(1). For the

government, any disclosure statement required by FRAP 26.1(b) must be filed with its memorandum

of law and fact, unless the statement has been filed previously with the court. An original and 4

copies of the memoranda and the reply must be filed.

(3) The memoranda need not contain a table of authorities, a statement of jurisdiction, or a

summary of argument.

(4) The filings will be placed in the public record. Parties should avoid matters that could

compromise the confidentiality of the presentence report. Where inclusion of confidential matters is

unavoidable, the party should move to have the nonpublic portion of the submission placed under

seal.

(5) Where the court is reviewing both sentence and conviction in the same proceeding, the rules

set out above, except for Circuit Rule 47.2(b)(4), will not apply.

Rule 47.2

Circuit Rule 47.3

Judicial Conference

(a) Purpose. In accordance with 28 U.S.C. § 333, the Chief Circuit Judge may summon annually or

biennially a conference of all circuit, district, bankruptcy, and magistrate judges of the circuit in

active service for the purpose of considering the business of the courts and means to improve the

administration of justice within the circuit. The conference will be called "the Judicial Conference of

the District of Columbia Circuit."

(b) Conference Arrangements and Procedures.

(1) The Chief Circuit Judge will appoint a committee to assist with the arrangements for the

conference, including such matters as program topics, speakers, and related conference activities.

The committee will include circuit judges, district judges, and members of the bar.

(2) The Chief Circuit Judge presides at the conference. The Circuit Executive serves as

conference secretary and will make and preserve a record of conference proceedings. The Chief

Circuit Judge may appoint other committees, if needed, to pursue or carry out conference actions. If

necessary, the Chief Circuit Judge will appoint a judge to serve as conference parliamentarian.

circuit, others invited to participate in the conference must include:

(1) the senior, inactive senior, recalled, and former circuit, district, bankruptcy, and magistrate

judges;

(2) the Circuit Executive;

(3) the Clerks of Court for the circuit and district and bankruptcy courts;

(4) the Circuit Librarian;

(5) the Director of the Legal Division;

(6) the Chief Circuit Mediator;

(7) the Director of Workplace Relations;

(8) the Chief Probation Officer;

(9) the Chief Justice of the United States;

(10) the chief judges of other courts in the District of Columbia, including both the federal courts

and the courts of the District of Columbia;

Rule 47.3

(11) the Attorney General of the United States; the Deputy Attorney General; the Associate

Attorney General; the Solicitor General; and the Assistant Attorneys General in charge of the

Antitrust, Civil, Civil Rights, Criminal, Environment and Natural Resources, National Security, and

Tax Divisions; and the Assistant Attorneys General for the Office of Legal Policy, Office of Legal

Counsel, and Office of Legislative Affairs;

(12) the Chairman and Ranking Minority Member of the Senate Judiciary Committee and the

Chairman and Ranking Minority Member of the House Judiciary Committee;

(13) the Federal Public Defender for the District of Columbia;

(14) the United States Attorney for the District of Columbia;

(15) the Director of the District of Columbia Public Defender Service;

(16) the Attorney General of the District of Columbia;

(17) the Director of the Administrative Office of the United States Courts;

(18) the Director of the Federal Judicial Center;

(19) the deans of local law schools;

(20) members of the bar in such numbers as will permit and promote participation by those

engaged in the various fields of federal court practice; and

(21) other individuals whose background, position, or achievement will contribute to the purpose

and program of the conference.

Circuit Rule 47.4

Advisory Committee on Procedures

(a) Establishment of Committee; Membership. In accordance with 28 U.S.C. § 2077(b), there will

be an Advisory Committee on Procedures which consists of not less than 15 members of the bar of

this court selected by the judges of the court in regular active service in such a way as to represent a

broad cross section of those appearing in the federal courts of the District of Columbia, including

representatives from government agencies, law schools, public interest groups, and private

practitioners.

(b) Committee Functions. The committee will, among other things:

(1) provide a forum for study of the internal operating procedures and rules of this court;

Rules 47.3 and 47.4

(2) serve as a conduit from the bar and the public to the court regarding procedural matters and

suggestions for changes;

(3) draft, consider, and recommend, for the court's adoption, rules and internal operating

procedures, and amendments thereto;

(4) render reports from time to time, on its own initiative and on request, to the court and to the

Judicial Conference of the District of Columbia Circuit on the activities and recommendations of the

committee.

staggered in such a way as to enable the court to appoint or reappoint one-third of the committee each

year. The court will appoint one of the members to chair the committee.

Circuit Rule 47.5

Processing Direct Criminal Appeals

Absent extraordinary circumstances, a direct criminal appeal will not be held in abeyance pending

resolution of a postconviction proceeding in district court.

Circuit Rule 47.6

Appeals from the Alien Terrorist Removal Court

(a) In General.

(1) Perfection. A party seeking to appeal from a decision of the Alien Terrorist Removal Court

must do so by filing a notice of appeal in the office of the clerk of the court of appeals.

(2) Appeals Treated as Motions. Unless otherwise specified herein or ordered by the court,

appeals will be treated and processed by the court as motions. See generally FRAP 27(d); Circuit

Rule 27. The appellant must file, simultaneously with the notice of appeal, 5 copies of a

memorandum in support of the appeal, not to exceed the length limits set by FRAP 27(d)(2). No

response will be permitted unless specified by this rule. All submissions must be filed and, if served,

served by hand. An alien not represented by counsel who is unable to file or serve submissions by

hand must do so by the most expeditious means available to the alien that are effective to reach the

Department of Justice promptly.

(3) Submissions to be Filed Under Seal. Unless otherwise specified herein, all submissions

Rules 47.4, 47.5, and 47.6

filed in the court in an appeal from the Alien Terrorist Removal Court must be filed under seal. In

addition, any submission containing or referring to classified information must so indicate in an

appropriate legend on the face of the submission. The court and all parties to a removal proceeding

must comply with all applicable statutory provisions for the protection of classified information, and

with the "Security Procedures Established Pursuant to Pub. L. 96-456, 94 Stat. 2025, by the Chief

Justice of the United States for the Protection of Classified Information."

(4) Appointment of Counsel. Counsel appointed to represent or assist an alien in the Alien

Terrorist Removal Court, including any "special attorney" designated under 8 U.S.C. § 1534(e)(3),

must continue to represent or assist the alien in any proceedings in this court, without additional

appointment.

(5) Expedition. All appeals from the Alien Terrorist Removal Court must be disposed of by this

court as expeditiously as practicable. Any party to an appeal seeking disposition within a definite

time period may move for such relief, stating the grounds in support.

(b) Appeal from the Denial of a Removal Application (8 U.S.C. § 1535(a)).

(1) Perfection. The United States may appeal the denial of an application to use the alien

terrorist removal procedure, by filing in the court of appeals clerk's office, within 20 days of the date

of the order appealed from, a notice of appeal accompanied by a memorandum in support of the

appeal.

(2) Record. The United States must serve a copy of the notice of appeal on the Alien Terrorist

Removal Court. Upon receipt of the notice, the Removal Court must transmit, under seal, the entire

record of the application proceeding to the court of appeals.

(3) Ex Parte Appeal. An appeal from the denial of a removal application must be conducted ex

parte and under seal. No submissions, including the notice of appeal and the memorandum in support

of the appeal, will be served on the alien.

(1) Perfection. The United States may appeal a determination of the Removal Court regarding a

request for approval of an unclassified summary of evidence, or refusing to make requested findings

under 8 U.S.C. § 1534(e)(3), by filing in the court of appeals clerk's office a notice of appeal

accompanied by a memorandum in support of the appeal.

(2) Record. The United States must serve a copy of the notice of appeal on the Alien Terrorist

Removal Court. Upon receipt of the notice, the Removal Court must transmit the entire record of the

removal proceeding to the court of appeals. Any portion of the record sealed in the Removal Court

must be transmitted to and maintained by this court under seal.

(3) Ex Parte Appeal. An appeal from a discovery determination will be conducted ex parte and

under seal. No submissions, except the notice of appeal, will be served on the alien.

Rule 47.6

(d) Appeal from a Decision After a Removal Hearing (8 U.S.C. § 1535(c)).

(1) Perfection. The United States or the alien may appeal the decision of the Removal Court

after a removal hearing, by filing in the court of appeals clerk's office, within 20 days of the date of

the order appealed from, a notice of appeal accompanied by a memorandum in support of the appeal.

(2) Automatic Appeal. In the case of a permanent resident alien in which the alien was denied

an unclassified summary of evidence under 8 U.S.C. § 1534(e)(3), and in which appeal is automatic

unless waived, the alien must file, within 20 days of the date of the Removal Court's order, a

memorandum in support of the appeal, or a notice that the appeal has been waived. Failure to file a

timely memorandum in support of the appeal, or a timely notice of waiver, will result in dismissal of

the automatic appeal for lack of prosecution.

(3) Record. The appellant (except in the case of an automatic appeal) must serve a copy of the

notice of appeal on the Alien Terrorist Removal Court. Upon receipt of the notice, the Removal

Court must transmit the entire record of the removal proceeding to the court of appeals. Any portion

of the record sealed in the Removal Court must be transmitted to and maintained by this court under

seal.

In the case of an automatic appeal, the Removal Court must, upon the filing of the court's order

after the removal hearing, transmit a certified copy of the order, together with the record of the

removal proceedings, to the court of appeals.

(4) Briefing. Within 10 days of the filing of the appellant's memorandum in support of the

appeal, the appellee must file a responsive memorandum. Appellant's reply, if any, is due 5 days after

the date the response is filed. The memoranda and the reply must be filed under seal, to the extent

necessary to comply with subsection (a)(3) of this rule, and may not exceed the length limits set by

FRAP 27(d)(2).

(5) Hearing and Disposition. As soon as practicable after the filing of the appeal, the court will

inform the parties whether it will hear argument on the appeal or dispose of the appeal on the written

submissions. The court will dispose of the appeal as expeditiously as practicable.

(e) Appeal from a Release or Detention Order (8 U.S.C. § 1535(e)). Any appeal from a release or

detention order of the Removal Court will be governed by Circuit Rule 9, except that the appellant's

memorandum in support of the appeal must be filed simultaneously with the notice of appeal.

Rule 47.6

Rule 48. Masters

(a) Appointment; Powers. A court of appeals may appoint a special master to hold hearings, if

necessary, and to recommend factual findings and disposition in matters ancillary to proceedings in the

court. Unless the order referring a matter to a master specifies or limits the master's powers, those

powers include, but are not limited to, the following:

(1) regulating all aspects of a hearing;

(2) taking all appropriate action for the efficient performance of the master's duties under the order;

(3) requiring the production of evidence on all matters embraced in the reference; and

(4) administering oaths and examining witnesses and parties.

(b) Compensation. If the master is not a judge or court employee, the court must determine the master's

compensation and whether the cost is to be charged to any party.

Circuit Rule 48

Masters

There is no corresponding Circuit Rule.

Rule 48

APPENDIX OF FORMS

Form 1A. Notice of Appeal to a Court of Appeals from a

Judgment of a District Court

United States District Court for the _______ District of _______

Docket Number _______

A.B., Plaintiff )

)

v. ) Notice of Appeal

)

C.D., Defendant )

_______________ (name all parties taking the appeal) appeal to the United States Court of Appeals

for the _________ Circuit from the final judgment entered on ______ (state the date the judgment was

entered).

(s) _______________________________

Attorney for [____________________]

[Address: ______________________]

[Note to inmate filers: If you are an inmate confined in an institution and you seek the timing benefit of

Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) and file that declaration with

this Notice of Appeal.]

_______________________________

See Rule 3(c) for permissible ways of identifying appellants.

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 1B. Notice of Appeal to a Court of Appeals from an

Appealable Order of a District Court

United States District Court for the _______ District of _______

Docket Number _______

A.B., Plaintiff )

)

v. ) Notice of Appeal

)

C.D., Defendant )

_______________ (name all parties taking the appeal) appeal to the United States Court of Appeals

for the _________ Circuit from the order ___________ (describe the order) entered on ______ (state the

date the order was entered).

(s) _______________________________

Attorney for [____________________]

[Address: ______________________]

[Note to inmate filers: If you are an inmate confined in an institution and you seek the timing benefit of

Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) and file that declaration with

this Notice of Appeal.]

_______________________________

See Rule 3(c) for permissible ways of identifying appellants.

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 2. Notice of Appeal to a Court of Appeals from a

Decision of the United States Tax Court

United States Tax Court

Washington, D.C.

Docket No. __________

A.B., Petitioner )

)

v. )

) Notice of Appeal

Commissioner of )

Internal Revenue, )

Respondent )

_______________ (name all parties taking the appeal) appeal to the United States Court of Appeals

for the ____ Circuit from the decision entered on ________ (state the date the decision was entered).

(s) _______________________________

Attorney for [____________________]

[Address: ______________________]

_____________________________

See Rule 3(c) for permissible ways of identifying appellants.

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 3. Petition for Review of Order of an Agency,

Board, Commission, or Officer

United States Court of Appeals for the _______________ Circuit

A.B., Petitioner )

)

v. ) Petition for Review

)

XYZ Commission, )

Respondent )

[ (here name all parties bringing the petition ) ] hereby petitions the court for review of the Order

of the XYZ Commission (describe the order) entered on _______________, 20____.

(s) _________________________

Attorney for Petitioners

Address: _________________

__________________________

See Rule 15.

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 4. Affidavit Accompanying Motion for

Permission to Appeal in Forma Pauperis

United States District Court for the _____ District of ______

A.B., Plaintiff

v. Case No. ____________

C.D., Defendant

.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Affidavit in Support of Motion

I swear or affirm under penalty of perjury that,

because of my poverty, I cannot prepay the

docket fees of my appeal or post a bond for

them. I believe I am entitled to redress. I swear

or affirm under penalty of perjury under United

States laws that my answers on this form are

true and correct. (28 U.S.C. § 1746; 18 U.S.C. §

1621.)

Instructions

Complete all questions in this application and

then sign it. Do not leave any blanks: if the

answer to a question is "0," "none," or "not

applicable (N/A)," write in that response. If you

need more space to answer a question or to

explain your answer, attach a separate sheet of

paper identified with your name, your case's

docket number, and the question number.

Signed: __________________________ Date: ______________

.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My issues on appeal are:

1. For both you and your spouse estimate the average amount of money received from each of the

following sources during the past 12 months. Adjust any amount that was received weekly, biweekly,

quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts

before any deductions for taxes or otherwise.

Income source Average monthly Amount expected

amount during the next month

past 12 months

You Spouse You Spouse

Employment $______ $______ $______ $______

Self-employment $______ $______ $______ $______

Appendix of Forms for the Federal Rules of Appellate Procedure

You Spouse You Spouse

Income from real property

(such as rental income) $______ $______ $______ $______

Interest and dividends $______ $______ $______ $______

Gifts $______ $______ $______ $______

Alimony $______ $______ $______ $______

Child support $______ $______ $______ $______

Retirement (such as social

security, pensions, annuities,

insurance) $______ $______ $______ $______

Disability (such as social

security, insurance payments) $______ $______ $______ $______

Unemployment payments $______ $______ $______ $______

Public-assistance (such as

welfare) $______ $______ $______ $______

Other (specify): _________ $______ $______ $______ $______

Total monthly income: $______ $______ $______ $______

2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is

before taxes or other deductions.)

Employer Address Dates of employment Gross monthly pay

________ _______________ _________________ _______________

3. List your spouse's employment history for the past two years, most recent employer first. (Gross

monthly pay is before taxes or other deductions.)

Employer Address Dates of employment Gross monthly pay

________ _______________ _________________ _______________

4. How much cash do you and your spouse have? $________

Below, state any money you or your spouse have in bank accounts or in any other financial institution.

Financial Type of Amount you Amount your

Institution Account have spouse has

______________________ _______ $_________ $_________

Appendix of Forms for the Federal Rules of Appellate Procedure

If you are a prisoner, seeking to appeal a judgment in a civil action or proceeding, you must attach

a statement certified by the appropriate institutional officer showing all receipts, expenditures,

and balances during the last six months in your institutional accounts. If you have multiple

accounts, perhaps because you have been in multiple institutions, attach one certified statement of

each account.

5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and

ordinary household furnishings.

Home (Value) Other real estate (Value) Motor vehicle # 1 ____________(Value)

____________ ____________________ Make & year: ____________

____________ ____________________ Model: _________________

____________ ____________________ Registration #:____________

Motor vehicle #2 ___________(Value) Other Assets (Value) Other Assets (Value)

Make & year ___________ _________________ _________________

Model: _________________ _________________ _________________

Registration #: ___________ _________________ _________________

6. State every person, business, or organization owing you or your spouse money, and the amount owed.

Person owing you or Amount owed Amount owed to

your spouse money to you your spouse

________________ ___________ _____________

7. State the persons who rely on you or your spouse for support.

Name [or, if under 18, initials only] Relationship Age

_________________________________ _____________ _____

8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by

your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually

to show the monthly rate.

You Spouse

Rent or home-mortgage payment $______ $______

(include lot rented for mobile

home)

Are real-estate taxes included? [ ] Yes [ ] No

Is property insurance included? [ ] Yes [ ] No

Appendix of Forms for the Federal Rules of Appellate Procedure

You Spouse

Utilities (electricity, heating fuel, $______ $______

water, sewer, and telephone)

Home maintenance (repairs $______ $______

and upkeep)

Food $______ $______

Clothing $______ $______

Laundry and dry-cleaning $______ $______

Medical and dental expenses $______ $______

Transportation (not including motor $______ $______

vehicle payments)

Recreation, entertainment, $______ $______

newspapers, magazines, etc.

Insurance (not deducted from wages $______ $______

or included in mortgage payments)

Homeowner's or renter's $______ $______

Life $______ $______

Health $______ $______

Motor Vehicle $______ $______

Other: __________________ $______ $______

Taxes (not deducted from wages or $______ $______

included in mortgage payments)

(specify): __________________

Installment payments $______ $______

Motor Vehicle $______ $______

Credit card (name): __________ $______ $______

Department store $______ $______

(name): __________________

Other: ____________________ $______ $______

Alimony, maintenance, and support $______ $______

paid to others

Regular expenses for operation of $______ $______

business, profession, or farm

(attach detailed statement)

Other (specify): _____________ $______ $______

Total monthly expenses: $______ $______

9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities

during the next 12 months?

[ ] Yes [ ] No If yes, describe on an attached sheet.

Appendix of Forms for the Federal Rules of Appellate Procedure

10. Have you spent - or will you be spending - any money for expenses or attorney fees in connection

with this lawsuit?

[ ] Yes [ ] No

If yes, how much? $ _______

11. Provide any other information that will help explain why you cannot pay the docket fees for your

appeal.

12. State the city and state of your legal residence.

___________________________________________________

Your daytime phone number: (____) _______________

Your age: ________ Your years of schooling: ________

[Amended effective December 1, 2018.]

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 5. Notice of Appeal to a Court of Appeals from a Judgment or

Order of a District Court or a Bankruptcy Appellate Panel

United States District Court for the _______ District of _______

In re )

______________________, )

Debtor )

) File No. ___

______________________, )

Plaintiff )

)

v. )

______________________, )

Defendant

Notice of Appeal to United States Court of Appeals for the _______ Circuit

______________, the plaintiff [or defendant or other party] appeals to the United States Court of

Appeals for the _______ Circuit from the final judgment [or order or decree] of the district court for the

district of _______ [or bankruptcy appellate panel of the _______ circuit], entered in this case on

________, 20____ [here describe the judgment, order, or decree] ______________.

The parties to the judgment [or order or decree] appealed from and the names and addresses of their

respective attorneys are as follows:

Dated ______________________________

Signed _____________________________

Attorney for Appellant

Address: __________________________

____________________________________

[Note to inmate filers: If you are an inmate confined in an institution and you seek the timing benefit of

Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) and file that declaration along

with this Notice of Appeal.]

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 6. Certificate of Compliance with Type-Volume Limit

Certificate of Compliance with Type-Volume Limit,

Typeface Requirements, and Type-Style Requirements

1. This document complies with the [type-volume limit of Fed. R. App. P.

(insert Rule citation; e.g., 32(a)(7)(B))] [the word limit of Fed. R. App. P.

(insert Rule citation; e.g., 5(c)(1))] because, excluding the parts of the document

exempted by Fed. R. App. P. 32(f) [and (insert applicable Rule citation, if any)]:

G this document contains [state the number of] words, or

G this brief uses a monospaced typeface and contains [state the

number of] lines of text.

2. This document complies with the typeface requirements of Fed. R.

App. P. 32(a)(5) and the type-style requirements of Fed. R. App.

P. 32(a)(6) because:

G this document has been prepared in a proportionally spaced typeface

using [state name and version of word-processing program] in

[state font size and name of type style], or

G this document has been prepared in a monospaced typeface using

[state name and version of word-processing program] with

[state number of characters per inch and name of type style].

(s)__________________________________________________

Attorney for __________________________________________

Dated:_______________________________________________

Appendix of Forms for the Federal Rules of Appellate Procedure

Form 7. Declaration of Inmate Filing

[Insert name of court; for example, United States District Court for the District of Minnesota]

A.B., Plaintiff )

)

v. ) Case No.

)

C.D., Defendant )

I am an inmate confined in an institution. Today, [insert date], I am depositing the [insert title of

document; for example, “notice of appeal”] in this case in the institution’s internal mail system. First-

class postage is being prepaid either by me or by the institution on my behalf.

I declare under penalty of perjury that the foregoing is true and correct (see 28 U.S.C. § 1746; 18

U.S.C. § 1621).

[Sign your name here]

Signed on [insert date signed]

[Note to inmate filers: If your institution has a system designed for legal mail, you must use that system

in order to receive the timing benefit of Fed. R. App. P. 4(c)(1) or Fed. R. App. P. 25(a)(2)(A)(iii).]

Appendix of Forms for the Federal Rules of Appellate Procedure

Appendix:

Length Limits Stated in the Federal Rules of

Appellate Procedure and the D.C. Circuit Rules

This chart summarizes the length limits stated in the Federal Rules of Appellate Procedure and the D.C.

Circuit Rules. Please refer to the rules for precise requirements, and bear in mind the following:

• In computing these limits, you may exclude the items listed in FRAP 32(f).

• If you use a word limit or a line limit (other than the word limit in FRAP 28(j)), you must file the

certificate required by FRAP 32(g).

• For the limits in FRAP 5, 21, 27, 35, and 40, as well as D.C. Cir. Rules 5(b) and 27(c):

- You must use the word limit if you produce your document on a computer; and

- You must use the page limit if you handwrite your document or type it on a

typewriter.

• For the limits in FRAP 28.1, 29(a)(5), and 32, as well as D.C. Cir. Rule 32(e)(2):

- You may use the word limit or page limit, regardless of how you produce the

document; or

- You may use the line limit if you type or print your document with a

monospaced typeface. A typeface is monospaced when each character

occupies the same amount of horizontal space.

Appendix of Forms for the Federal Rules of Appellate Procedure

RULE DOCUMENT WORD

LIMIT

PAGE

LIMIT

LINE

LIMIT

FRAP 5(c) Petition for Permission to

Appeal

5,200 20 n/a

Answer in Opposition 5,200 20 n/a

Cross-Petition 5,200 20 n/a

D.C. Cir. Rule

5(b)

Reply 2,600 10 n/a

FRAP 21(d) Extraordinary Writs 7,800 30 n/a

Answer 7,800 30 n/a

FRAP 27(d)(2) Motion 5,200 20 n/a

Response 5,200 20 n/a

Reply 2,600 10 n/a

D.C. Cir. 27(c) Response Combined with

Motion for Affirmative Relief

7,800 30 n/a

Reply and Response 5,200 20 n/a

Final Reply 2,600 10 n/a

FRAP 32(a)(7)

(regular appeal)

Principal Brief 13,000 30 1,300

Reply Brief 6,500 15 650

FRAP 28.1(e)

(cross-appeal)

Appellant’s Principal Brief 13,000 30 1,300

Appellant’s Response &

Reply Brief

13,000 30 1,300

Appellee’s Principal and

Response Brief

15,300 35 1,500

Appendix of Forms for the Federal Rules of Appellate Procedure

RULE DOCUMENT WORD

LIMIT

PAGE

LIMIT

LINE

LIMIT

Appellee’s Reply Brief 6,500 15 650

D.C. Cir. Rule

32(e)(2)

Intervenor’s Principal Brief 9,100 19 813

Intervenor’s Reply Brief 4,550 9.5 412

FRAP 28(j) Supplemental Authority

Letter

350 n/a n/a

FRAP 29(a)(5) Amicus Brief at Merits Phase ½ length of

principal brief

for party per

FRAP

½ length

principal

brief for

party per

FRAP

½ length of

principal

brief for

party per

FRAP

FRAP 29(b)(4) Amicus Brief on Rehearing

Request

2,600 n/a n/a

FRAP 35(b)(2) Petition for Hearing or

Rehearing En Banc

3,900 15 n/a

FRAP 40(b) Petition for Panel Rehearing 3,900 15 n/a

Appendix of Forms for the Federal Rules of Appellate Procedure

APPENDIX TO THE CIRCUIT RULES OF THE U.S. COURT OF APPEALS FOR THE

DISTRICT OF COLUMBIA CIRCUIT

I. COURT OF APPEALS FEE SCHEDULES

II. RULES OF DISCIPLINARY ENFORCEMENT FOR THE UNITED STATES COURT

OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

III. APPELLATE MEDIATION PROGRAM