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FEDERAL RULES OF APPELLATE PROCEDURE , 98d3c5982289a363 (2020)

FEDERAL RULES OF APPELLATE PROCEDURE Adopted Effective July 1, 1968, Effective with amendments through December 1, 2011.

Rule 1. Scope of Rules; Definition; Title , 1 (2020)

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 These rules are to be known as the Federal Rules of Appellate Procedure. (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff.

Rule 47. Local Rules by Courts of Appeals , 47 (2020)

Local Rules by Courts of Appeals (a) Local Rules. 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

Rule 4. Appeal as of Right — When Taken , 4 (2020)

(A) If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, the time to file an appeal runs civil docket under Federal Rule of Civil Procedure 79(a). (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

Rule 25. Filing and Service , 25 (2020)

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

Rule 8. Stay or Injunction Pending Appeal , 8 (2020)

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. 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. Rule 38 of the Federal Rules of Criminal Procedure governs a stay in a criminal case. (As amended Mar. 10, 1986, eff.

Rule 2. Suspension of Rules , 2 (2020)

Suspension of Rules 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).

Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, orDecree of a District Court or Bankruptcy Appellate Panel , 6 (2020)

(1) Applicability of Other Rules. " (2) Additional Rules. In addition to the rules made applicable by Rule 6(b)(1), the following rules apply: (A) Motion for Rehearing. (ii) Appellate review of the order disposing of the motion requires the party, in compliance with Rules 3(c) and 6(b)(1)(B), to amend a previously filed

Form No. 5. Notice of Appeal to a Court of Appeals from a Judgment orOrder of a District Court or a Bankruptcy Appellate Panel , ee4c4f8bfa82778a (2020)

Notice of Appeal to a Court of Appeals from a Judgment orOrder of a District Court or a Bankruptcy Appellate Panel 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] ____________________

Rule 14. Applicability of Other Rules to the Review of a Tax CourtDecision , 14 (2020)

Applicability of Other Rules to the Review of a Tax CourtDecision All provisions of these rules, except Rules 4 — 9, 15 — 20, and 22 — 23, apply to the review of a Tax Court decision.

Rule 20. Applicability of Rules to the Review or Enforcement of anAgency Order , 20 (2020)

Applicability of Rules to the Review or Enforcement of anAgency 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. (As amended Apr. 24, 1998, eff.

Rule 43. Substitution of Parties , 43 (2020)

Substitution of Parties (a) Death of a Party. (1) After Notice of Appeal Is Filed. , the decedent's attorney of record — may file a notice of appeal within the time prescribed by these rules. If a party needs to be substituted for any reason other than death, the procedure prescribed in Rule 43(a) applies.

Rule 3. Appeal as of Right — How Taken , 3 (2020)

(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, (c) Contents of the Notice of Appeal. The district clerk receives the appellate docket fee on behalf of the court of appeals. (As amended Apr. 30, 1979, eff.

Rule 13. Review of a Decision of the Tax Court , 13 (2020)

(2) 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 (1) An appeal from the Tax Court is governed by the parts of Rules 10,11, and 12 regarding the record on appeal from a district court, the time and manner References in those rules and in Rule 3 to the district court and district clerk are to be read as referring to the Tax Court and its clerk.

Rule 26. Computing and Extending Time , 26 (2020)

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 appeals, at midnight in the time zone of the circuit clerk's principal office; (C) for filing under Rules 4(c)(1), 25(a)(2)(B), and 25(a)(2)(C) — and 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

Rule 32.1. Citing Judicial Dispositions , 32.1 (2020)

A court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been: (i) designated 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.

Rule 18. Stay Pending Review , 18 (2020)

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. 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.

Rule 5. Appeal by Permission , 5 (2020)

(c) Form of Papers; Number of Copies. All papers must conform to Rule32(a)(1). 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. The record must be forwarded and filed in accordance with Rules 11 and 12(c). (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff.

Rule 28.1. Cross-Appeals , 28.1 (2020)

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. facts; and (E) the statement of the standard of review

Rule 46. Attorneys , 46 (2020)

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 other court; or (B) is guilty of conduct unbecoming a member of the court's bar (2) Procedure.

Rule 44. Case Involving a Constitutional Question Where United States isNot a Party , 44 (2020)

Case Involving a Constitutional Question Where United States isNot a Party (a) Constitutional Challenge to Federal Statute. as the question is raised in the court of appeals. question is raised in the court of appeals.

Rule 27. Motions , 27 (2020)

An application for an order or other relief is made by motion unless these rules prescribe another form. 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 (3) Number of Copies.

Rule 28. Briefs , 28 (2020)

4) the statement of the facts; and (5) the statement of the standard of review. (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

Rule 22. Habeas Corpus and Section 2255 Proceedings , 22 (2020)

. § 2253, appeal to the court of appeals from the district court's order denying the application. (b) Certificate of Appealability. Rule 11(a) of the Rules Governing Proceedings Under28 U.S.C. § 2254 or § 2255 (if any), along with the notice of appeal and the file of the district-court 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.

Rule 39. Costs , 39 (2020)

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, Each court of appeals must, by local rule, fix the maximum rate for taxing the cost of producing necessary copies of a brief or appendix, or copies of bill of costs

Rule 29. Brief of an Amicus Curiae , 29 (2020)

Brief of an Amicus Curiae (a) When Permitted. authorities — with references to the pages of the brief where they are cited; (4) a concise statement of the identity of the amicus curiae, its interest 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

Rule 32. Form of Briefs, Appendices, and Other Papers , 32 (2020)

The front cover of a brief must contain: (A) the number of the case centered at the top; (B) the name of the court; (C) the title of the case (see Rule The corporate disclosure statement, table of contents, table of citations, statement with respect to oral argument, any addendum containing statutes, rules (ii) Form 8 in the Appendix of Forms is a suggested form of a certificate of compliance.

Form No. 2. Notice of Appeal to a Court of Appeals From a Decision of theUnited States Tax Court. , 85ac69f8d2fffd08 (2020)

Notice of Appeal to a Court of Appeals From a Decision of theUnited States Tax Court. the appeal)[fn*], hereby appeal to the United States Court of Appeals for the __________________ Circuit from (that part of) the decision of this court entered in the above captioned proceeding on the ____ day of _____, 20__ (relating to ______________).

Form No. 1. Notice of Appeal to a Court of Appeals from a Judgment orOrder of a District Court. , 5a3df041282b284b (2020)

Notice of Appeal to a Court of Appeals from a Judgment orOrder of a District Court. United States District Court for the ___________ District of _______________ File Number _______________ A. ., Plaintiff ] ] v. ] Notice of Appeal ] C.

Form No. 3. Petition for Review of Order of an Agency, Board, Commissionor Officer , 477f44c8e535dc84 (2020)

Petition for Review of Order of an Agency, Board, Commissionor Officer United States Court of Appeals for the ______ Circuit A.B ] XYZ Commission, Respondent ] _____(here name all parties bringing the petition)[fn*] hereby petitions the court for review of the Order of the XYZ Commission (describe the order) entered on ________________, 20__.

Rule 36. Entry of Judgment; Notice , 36 (2020)

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, of the date when the judgment was entered.

Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs , 21 (2020)

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on (C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition (d) Form of Papers; Number of Copies. All papers must conform to Rule32(a)(1).

Rule 15. Review or Enforcement of an Agency Order — How Obtained;Intervention , 15 (2020)

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

Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part , 19 (2020)

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

Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding , 23 (2020)

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 (d) Modification of the Initial Order on Custody.

Form No. 6. Certificate of Compliance With Type-Volume Limitation,Typeface Requirements, and Type Style Requirements , a919c79124bcc9e0 (2020)

This brief complies with the type-volume limitation of Fed.R.App.P.32(a)(7)(B) because: · this brief contains [state the number of] words, excluding of text, excluding the parts of the brief exempted by Fed.R.App.P. 32(a)(7)(B)(iii). 2. per inch and name of type style].

Rule 30. Appendix to the Briefs , 30 (2020)

(1) 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 Omissions in the text of papers or of the transcript must be indicated by asterisks.

Rule 9. Release in a Criminal Case , 9 (2020)

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

Rule 11. Forwarding the Record , 11 (2020)

physical exhibits other than documents, or other parts of the record designated for omission by local rule of the court of appeals. by the court of appeals 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.

Rule 10. The Record on Appeal , 10 (2020)

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 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.

Rule 45. Clerk's Duties , 45 (2020)

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 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 Upon the entry of an order or judgment, the circuit clerk must immediately serve a notice of entry on each party, with a copy of any opinion, and must

Rule 41. Mandate: Contents; Issuance and Effective Date; Stay , 41 (2020)

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, (A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. (D) The court of appeals must issue the mandate immediately when a copy of a Supreme Court order denying the petition for writ of certiorari is filed.

Rule 35. En Banc Determination , 35 (2020)

reheard by the court of appeals en banc. the authoritative decisions of other United States Courts of Appeals that have addressed the issue (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.

Rule 24. Proceeding in Forma Pauperis , 24 (2020)

(4) Notice of District Court's Denial. (5) Motion in the Court of Appeals. 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.

Form No. 4. Affidavit Accompanying Motion for Permission to Appeal InForma Pauperis. , 5ee9a35e1361afd7 (2020)

Case No. __________ C.D., Defendant Affidavit in Support of Motion Instructions I swear or affirm under penalty of Complete all questions in this perjury that, because of my poverty, application and then sign it. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months.

Rule 40. Petition for Panel Rehearing , 40 (2020)

in support of the petition. But ordinarily rehearing will not be granted in the absence of such a request. (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)

Rule 17. Filing the Record , 17 (2020)

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

Rule 34. Oral Argument , 34 (2020)

(b) Notice of Argument; Postponement. (c) Order and Contents of Argument. The appellant opens and concludes the argument. (g) Use of Physical Exhibits at Argument; Removal.

Rule 12. Docketing the Appeal; Filing a Representation Statement;Filing the Record , 12 (2020)

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. 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

Rule 31. Serving and Filing Briefs , 31 (2020)

(b) Number of Copies. The court may by local rule or by order in a particular case require the filing or service of a different number. (c) Consequence of Failure to File.