[House Prints 109-4]
[From the U.S. Government Publishing Office]


109th Congress
                               COMMITTEE PRINT          No. 4   
1st Session
__________________________________________________________________

 
                              FEDERAL RULES
                                   OF
                           APPELLATE PROCEDURE

                                  ____

                               WITH FORMS

                                  ____

                            DECEMBER 1, 2005

[GRAPHIC] [TIFF OMITTED] TONGRESS.

                          Printed for the use

                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES


                    U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2005
_____________________________________________________________________________
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                       COMMITTEE ON THE JUDICIARY

                       One Hundred Ninth Congress

            F. JAMES SENSENBRENNER, Jr., Wisconsin, Chairman




HENRY J. HYDE, Illinois                     JOHN CONYERS, Jr., Michigan
HOWARD COBLE, North Carolina                HOWARD L. BERMAN, California
LAMAR SMITH, Texas                          RICK BOUCHER, Virginia
ELTON GALLEGLY, California                  JERROLD NADLER, New York
BOB GOODLATTE, Virginia                     ROBERT C. SCOTT, Virginia
STEVE CHABOT, Ohio                          MELVIN L. WATT, North
DANIEL E. LUNGREN, California                Carolina
WILLIAM L. JENKINS, Tennessee               ZOE LOFGREN, California
CHRIS CANNON, Utah                          SHEILA JACKSON LEE, Texas
SPENCER BACHUS, Alabama                     MAXINE WATERS, California
BOB INGLIS, South Carolina                  MARTIN T. MEEHAN,
JOHN N. HOSTETTLER, Indiana                  Massachusetts
MARK GREEN, Wisconsin                       WILLIAM D. DELAHUNT,
RIC KELLER, Florida                          Massachusetts
DARRELL ISSA, California                    ROBERT WEXLER, Florida
JEFF FLAKE, Arizona                         ANTHONY D. WEINER, New York
MIKE PENCE, Indiana                         ADAM B. SCHIFF, California
J. RANDY FORBES, Virginia                   LINDA T. SANCHEZ, California
STEVE KING, Iowa                            CHRIS VAN HOLLEN, Maryland
TOM FEENEY, Florida                         DEBBIE WASSERMAN SCHULTZ,
TRENT FRANKS, Arizona                        Florida
LOUIE GOHMERT, Texas


                                     

            Philip G. Kiko, General Counsel -- Chief of Staff

                Perry H. Apelbaum, Minority Chief Counsel

                                  (ii)


                                FOREWORD

    This document contains the Federal Rules of Appellate Procedure 
together with forms, as amended to December 1, 2005. The rules and forms 
have been promulgated and amended by the United States Supreme Court 
pursuant to law, and further amended by Acts of Congress. This document 
has been prepared by the Committee in response to the need for an 
official up-to-date document containing the latest amendments to the 
rules.
    For the convenience of the user, where a rule has been amended a 
reference to the date the amendment was promulgated and the date the 
amendment became effective follows the text of the rule.
    The Committee on Rules of Practice and Procedure and the Advisory 
Committee on the Federal Rules of Appellate Procedure, Judicial 
Conference of the United States, prepared notes explaining the purpose 
and intent of the amendments to the rules. The Committee Notes may be 
found in the Appendix to Title 28, United States Code, following the 
particular rule to which they relate.


                                   Chairman, Committee on the Judiciary.
    December 1, 2005.


                   AUTHORITY FOR PROMULGATION OF RULES

                      TITLE 28, UNITED STATES CODE

Sec. 2072. Rules of procedure and evidence; power to prescribe
    (a) The Supreme Court shall have the power to prescribe general 
rules of practice and procedure and rules of evidence for cases in the 
United States district courts (including proceedings before magistrates 
thereof) and courts of appeals.
    (b) Such rules shall not abridge, enlarge or modify any substantive 
right. All laws in conflict with such rules shall be of no further force 
or effect after such rules have taken effect.
    (c) Such rules may define when a ruling of a district court is final 
for the purposes of appeal under section 1291 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4648, eff. Dec. 1, 1988; amended Pub. L. 101-650, title III, Sec. 315, 
Dec. 1, 1990, 104 Stat. 5115.)
Sec. 2073. Rules of procedure and evidence; method of prescribing
    (a)(1) The Judicial Conference shall prescribe and publish the 
procedures for the consideration of proposed rules under this section.
    (2) The Judicial Conference may authorize the appointment of 
committees to assist the Conference by recommending rules to be 
prescribed under sections 2072 and 2075 of this title. Each such 
committee shall consist of members of the bench and the professional 
bar, and trial and appellate judges.
    (b) The Judicial Conference shall authorize the appointment of a 
standing committee on rules of practice, procedure, and evidence under 
subsection (a) of this section. Such standing committee shall review 
each recommendation of any other committees so appointed and recommend 
to the Judicial Conference rules of practice, procedure, and evidence 
and such changes in rules proposed by a committee appointed under 
subsection (a)(2) of this section as may be necessary to maintain 
consistency and otherwise promote the interest of justice.
    (c)(1) Each meeting for the transaction of business under this 
chapter by any committee appointed under this section shall be open to 
the public, except when the committee so meeting, in open session and 
with a majority present, determines that it is in the public interest 
that all or part of the remainder of the meeting on that day shall be 
closed to the public, and states the reason for so closing the meeting. 
Minutes of each meeting for the transaction of business under this 
chapter shall be maintained by the committee and made available to the 
public, except that any portion of such minutes, relating to a closed 
meeting and made available to the public, may contain such deletions as 
may be necessary to avoid frustrating the purposes of closing the 
meeting.
    (2) Any meeting for the transaction of business under this chapter, 
by a committee appointed under this section, shall be preceded by 
sufficient notice to enable all interested persons to attend.
    (d) In making a recommendation under this section or under section 
2072 or 2075, the body making that recommendation shall provide a 
proposed rule, an explanatory note on the rule, and a written report 
explaining the body's action, including any minority or other separate 
views.
    (e) Failure to comply with this section does not invalidate a rule 
prescribed under section 2072 or 2075 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988; amended Pub. L. 103-394, title I, Sec. 104(e), 
Oct. 22, 1994, 108 Stat. 4110.)
Sec. 2074. Rules of procedure and evidence; submission to Congress; 
        effective date
    (a) The Supreme Court shall transmit to the Congress not later than 
May 1 of the year in which a rule prescribed under section 2072 is to 
become effective a copy of the proposed rule. Such rule shall take 
effect no earlier than December 1 of the year in which such rule is so 
transmitted unless otherwise provided by law. The Supreme Court may fix 
the extent such rule shall apply to proceedings then pending, except 
that the Supreme Court shall not require the application of such rule to 
further proceedings then pending to the extent that, in the opinion of 
the court in which such proceedings are pending, the application of such 
rule in such proceedings would not be feasible or would work injustice, 
in which event the former rule applies.
    (b) Any such rule creating, abolishing, or modifying an evidentiary 
privilege shall have no force or effect unless approved by Act of 
Congress.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988.)
Sec. 2075. Bankruptcy rules
    The Supreme Court shall have the power to prescribe by general 
rules, the forms of process, writs, pleadings, and motions, and the 
practice and procedure in cases under title 11.
    Such rules shall not abridge, enlarge, or modify any substantive 
right.
    The Supreme Court shall transmit to Congress not later than May 1 of 
the year in which a rule prescribed under this section is to become 
effective a copy of the proposed rule. The rule shall take effect no 
earlier than December 1 of the year in which it is transmitted to 
Congress unless otherwise provided by law.
    The bankruptcy rules promulgated under this section shall prescribe 
a form for the statement required under section 707(b)(2)(C) of title 11 
and may provide general rules on the content of such statement.
(Added Pub. L. 88-623, Sec. 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. 
L. 95-598, title II, Sec. 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103-
394, title I, Sec. 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109-8, 
title XII, Sec. 1232, Apr. 20, 2005, 119 Stat. 202.)

                             HISTORICAL NOTE

    The Supreme Court prescribes Federal Rules of Appellate Procedure 
pursuant to section 2072 of Title 28, United States Code, as enacted by 
Title IV ``Rules Enabling Act'' of Pub. L. 100-702 (approved Nov. 19, 
1988, 102 Stat. 4648), effective December 1, 1988, and section 2075 of 
Title 28. Pursuant to section 2074 of Title 28, the Supreme Court 
transmits to Congress (not later than May 1 of the year in which a rule 
prescribed under section 2072 is to become effective) a copy of the 
proposed rule. The rule takes effect no earlier than December 1 of the 
year in which the rule is transmitted unless otherwise provided by law.
    Prior to enactment of Pub. L. 100-702, the Supreme Court promulgated 
Federal Rules of Appellate Procedure pursuant to section 3772 of Title 
18 and sections 2072 and 2075 of Title 28 of the United States Code. 
Pursuant to this authority the Rules of Appellate Procedure were adopted 
by order of the Court on December 4, 1967, transmitted to Congress by 
the Chief Justice on January 15, 1968, and became effective on July 1, 
1968 (389 U.S. 1063; Cong. Rec., vol. 114, pt. 1, p. 113, Exec. Comm. 
1361; H. Doc. 204, 90th Cong.). Effective December 1, 1988, section 3772 
of Title 18 and former section 2072 of Title 28 were repealed and 
supplanted by new sections 2072 and 2074 of Title 28, see first 
paragraph of Historical Note above.
    By the same order, the Court abrogated several rules relating to 
appellate procedure formerly contained in the Rules of Criminal 
Procedure for the District Courts and the Rules of Civil Procedure for 
the District Courts.
    Amendments were adopted by the Court by order dated March 30, 1970, 
transmitted to Congress by the Chief Justice on the same day, and became 
effective July 1, 1970 (398 U.S. 971; Cong. Rec., vol. 116, pt. 7, p. 
9861, Exec. Comm. 1838; H. Doc. 91-290). The amendments affected Rules 
30(a), (c) and 31(a).
    Additional amendments were adopted by the Court by order dated March 
1, 1971, transmitted to Congress by the Chief Justice on the same day, 
and became effective July 1, 1971 (401 U.S. 1029; Cong. Rec., vol. 117, 
pt. 4, p. 4629, Exec. Comm. 341; H. Doc. 92-57). The amendments affected 
Rules 26(a) and 45(a).
    An additional amendment was adopted by the Court by order dated 
April 24, 1972, transmitted to Congress by the Chief Justice on the same 
day, and became effective October 1, 1972 (406 U.S. 1005; Cong. Rec., 
vol. 118, pt. 11, p. 14262, Exec. Comm. 1903; H. Doc. 92-285). The 
amendment affected Rule 9(c).
    Additional amendments were adopted by the Court by order dated April 
30, 1979, transmitted to Congress by the Chief Justice on the same day, 
and became effective August 1, 1979 (441 U.S. 969; Cong. Rec., vol. 125, 
pt. 8, p. 9366, Exec. Comm. 1456; H. Doc. 96-112). The amendments 
affected Rules 1(a), 3(c), (d), (e), 4(a), 5(d), 6(d), 7, 10(b), 11(a), 
(b), (c), (d), 12, 13(a), 24(b), 27(b), 28(g), (j), 34(a), (b), 35(b), 
(c), 39(c), (d), and 40.
    Section 210 of Public Law 98-473 (approved October 12, 1984, 98 
Stat. 1987) amended Rule 9(c).
    Additional amendments were adopted by the Court by order dated March 
10, 1986, transmitted to Congress by the Chief Justice on the same day 
(475 U.S. 1153; Cong. Rec., vol. 132, pt. 3, p. 4267, Exec. Comm. 2971; 
H. Doc. 99-179), and became effective July 1, 1986. The amendments 
included new Rules 3.1, 5.1, and 15.1, and affected Rules 3(d), 8(b), 
10(b), (c), 11(b), 12(a), 19, 23(b), (c), 24(a), 25(a), (b), 26(a), (c), 
28(c), (j), 30(a), (b), (c), 31(a), (c), 34(a), (e), 39(c), (d), 43(a), 
(c), 45(a), (b), (d), and 46(a), (b).
    Section 7111 of Public Law 100-690 (approved November 18, 1988, 102 
Stat. 4419) amended Rule 4(b).
    Additional amendments were adopted by the Court by order dated April 
25, 1989, transmitted to Congress by the Chief Justice on the same day 
(490 U.S. 1125; Cong. Rec., vol. 135, pt. 6, p. 7542, Exec. Comm. 1058; 
H. Doc. 101-53), and became effective December 1, 1989. The amendments 
affected Rules 1(a), 3(a), 26(a), 27(a), and 28(g) and included new 
Rules 6 and 26.1 and a new Official Form 5.
    Additional amendments were adopted by the Court by order dated April 
30, 1991, transmitted to Congress by the Chief Justice on the same day 
(500 U.S. 1007; Cong. Rec., vol. 137, pt. 7, p. 9721, Ex. Comm. 1192; H. 
Doc. 102-79), and became effective December 1, 1991. The amendments 
affected Rules 4(a), 6, 10(c), 25(a), 26(a), 26.1, 28(a), (b), (h), 
30(b), and 34(d).
    Additional amendments were adopted by the Court by order dated April 
22, 1993, transmitted to Congress by the Chief Justice on the same day 
(507 U.S. 1059; Cong. Rec., vol. 139, pt. 6, p. 8127, Ex. Comm. 1100; H. 
Doc. 103-72), and became effective December 1, 1993. The amendments 
affected Rules 3, 3.1, 4, 5.1, 6, 10, 12, 15, 25, 28, and 34, and Forms 
1, 2, and 3.
    Additional amendments were adopted by the Court by order dated April 
29, 1994, transmitted to Congress by the Chief Justice on the same day 
(511 U.S. 1155; Cong. Rec., vol. 140, pt. 7, p. 8903, Ex. Comm. 3082; H. 
Doc. 103-247), and became effective December 1, 1994. The amendments 
affected Rules 1, 3, 5, 5.1, 9, 13, 21, 25, 26.1, 27, 28, 30, 31, 33, 
35, 38, 40, 41, and 48.
    Additional amendments were adopted by the Court by order dated April 
27, 1995, transmitted to Congress by the Chief Justice on the same day 
(514 U.S. 1137; Cong. Rec., vol. 141, pt. 8, p. 11745, Ex. Comm. 809; H. 
Doc. 104-66), and became effective December 1, 1995. The amendments 
affected Rules 4, 8, 10, and 47.
    Additional amendments were adopted by the Court by order dated April 
23, 1996, transmitted to Congress by the Chief Justice on the same day 
(517 U.S. 1255; Cong. Rec., vol. 142, pt. 6, p. 8831, Ex. Comm. 2489; H. 
Doc. 104-203), and became effective December 1, 1996. The amendments 
affected Rules 21, 25, and 26.
    Section 103 of Public Law 104-132 (approved April 24, 1996, 110 
Stat. 1218) amended Rule 22.
    Additional amendments were adopted by the Court by order dated April 
24, 1998, transmitted to Congress by the Chief Justice on the same day 
(523 U.S. 1147; Cong. Rec., vol. 144, pt. 6, p. 8652, Ex. Comm. 9072; H. 
Doc. 105-269), and became effective December 1, 1998. The amendments 
affected Rules 1 to 48 and Form 4.
    Additional amendments were adopted by the Court by order dated April 
29, 2002, transmitted to Congress by the Chief Justice on the same day 
(535 U.S. 1123; Cong. Rec., vol. 148, pt. 5, p. 6813, Ex. Comm. 6622; H. 
Doc. 107-206), and became effective December 1, 2002. The amendments 
affected Rules 1, 4, 5, 21, 24, 25, 26, 26.1, 27, 28, 31, 32, 36, 41, 
44, and 45 and included a new Official Form 6.
    Additional amendments were adopted by the Court by order dated March 
27, 2003, transmitted to Congress by the Chief Justice on the same day 
(538 U.S. 1071; Cong. Rec., vol. 149, p. H2467, Daily Issue, Ex. Comm. 
1496; H. Doc. 108-59), and became effective December 1, 2003. The 
amendments affected Forms 1, 2, 3, and 5.
    Additional amendments were adopted by the Court by order dated April 
25, 2005, transmitted to Congress by the Chief Justice on the same day 
(544 U.S. ----; Cong. Rec., vol. 151, p. H3060, Daily Issue, Ex. Comm. 
1907; H. Doc. 109-24), and became effective December 1, 2005. The 
amendments affected Rules 4, 26, 27, 28, 32, 34, 35, and 45, and added 
new Rule 28.1.

                             Committee Notes

    Committee Notes prepared by the Committee on Rules of Practice and 
Procedure and the Advisory Committee on the Federal Rules of Appellate 
Procedure, Judicial Conference of the United States, explaining the 
purpose and intent of the amendments are set out in the Appendix to 
Title 28, United States Code, following the particular rule to which 
they relate. In addition, the rules and amendments, together with 
Committee Notes, are set out in the House documents listed above.

                            TABLE OF CONTENTS

                                  ____

                                                                    Page
Foreword......................................................       iii
Authority for promulgation of rules...........................         v
Historical note...............................................       vii

                                  RULES

Title I. Applicability of Rules:
        Rule 1. Scope of Rules; Title..................................1
        Rule 2. Suspension of Rules....................................1
Title II. Appeal From a Judgment or Order of a District Court:
        Rule 3. Appeal as of Right--How Taken..........................1
        Rule 3.1. Appeal from a Judgment of a Magistrate Judge 
            in a Civil Case (Abrogated).
        Rule 4. Appeal as of Right--When Taken.........................3
        Rule 5. Appeal by Permission...................................6
        Rule 5.1. Appeal by Leave under 28 U.S.C. 
            Sec. 636(c)(5) (Abrogated).
        Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, 
                        Order, or Decree of a District Court or 
                        Bankruptcy Appellate Panel.....................7
        Rule 7. Bond for Costs on Appeal in a Civil Case...............9
        Rule 8. Stay or Injunction Pending Appeal......................9
        Rule 9. Release in a Criminal Case............................10
        Rule 10. The Record on Appeal.................................11
        Rule 11. Forwarding the Record................................12
        Rule 12. Docketing the Appeal; Filing a Representation 
                        Statement; Filing the Record..................14
Title III. Review of a Decision of the United States Tax 
    Court:
        Rule 13. Review of a Decision of the Tax Court................14
        Rule 14. Applicability of Other Rules to the Review of a Tax 
                        Court Decision................................15
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..................................15
        Rule 15.1. Briefs and Oral Argument in a National Labor 
                        Relations Board Proceeding....................16
        Rule 16. The Record on Review or Enforcement..................17
        Rule 17. Filing the Record....................................17
        Rule 18. Stay Pending Review..................................17
        Rule 19. Settlement of a Judgment Enforcing an Agency Order in 
                        Part..........................................18
        Rule 20. Applicability of Rules to the Review or Enforcement of 
                        an Agency Order...............................18
Title V. Extraordinary Writs:
        Rule 21. Writs of Mandamus and Prohibition, and Other 
                        Extraordinary Writs...........................18
Title VI. Habeas Corpus; Proceedings in Forma Pauperis:
        Rule 22. Habeas Corpus and Section 2255 Proceedings...........19
        Rule 23. Custody or Release of a Prisoner in a Habeas Corpus 
                        Proceeding....................................20
        Rule 24. Proceeding in Forma Pauperis.........................21
Title VII. General Provisions:
        Rule 25. Filing and Service...................................22
        Rule 26. Computing and Extending Time.........................24
        Rule 26.1. Corporate Disclosure Statement.....................24
        Rule 27. Motions..............................................25
        Rule 28. Briefs...............................................26
        Rule 28.1. Cross-Appeals......................................28
        Rule 29. Brief of an Amicus Curiae............................30
        Rule 30. Appendix to the Briefs...............................31

  

Title VII. General Provisions--Continued

Page

        Rule 31. Serving and Filing Briefs............................33
        Rule 32. Form of Briefs, Appendices, and Other Papers.........33
        Rule 33. Appeal Conferences...................................35
        Rule 34. Oral Argument........................................36
        Rule 35. En Banc Determination................................36
        Rule 36. Entry of Judgment; Notice............................37
        Rule 37. Interest on Judgment.................................38
        Rule 38. Frivolous Appeal--Damages and Costs..................38
        Rule 39. Costs................................................38
        Rule 40. Petition for Panel Rehearing.........................39
        Rule 41. Mandate: Contents; Issuance and Effective Date; Stay.39
        Rule 42. Voluntary Dismissal..................................40
        Rule 43. Substitution of Parties..............................40
        Rule 44. Case Involving a Constitutional Question When the 
                        United States or the Relevant State is Not a 
                        Party.........................................41
        Rule 45. Clerk's Duties.......................................42
        Rule 46. Attorneys............................................43
        Rule 47. Local Rules by Courts of Appeals.....................43
        Rule 48. Masters..............................................44

                                  FORMS

Form 1. Notice of Appeal to a Court of Appeals From a Judgment 
                        or Order of a District Court..........        45
Form 2. Notice of Appeal to a Court of Appeals From a Decision 
                        of the United States Tax Court........        45
Form 3. Petition for Review of Order of an Agency, Board, 
                        Commission or Officer.................        46
Form 4. Affidavit Accompanying Motion for Permission to Appeal 
                        In Forma Pauperis.....................        47
Form 5. Notice of Appeal to a Court of Appeals from a Judgment 
                        or Order of a District Court or a 
                        Bankruptcy Appellate Panel............        51
Form 6. Certificate of Compliance With Rule 32(a).............        52

                  FEDERAL RULES OF APPELLATE PROCEDURE

         Effective July 1, 1968, as amended to December 1, 2005

                     TITLE I. APPLICABILITY OF RULES

Rule 1. Scope of Rules; 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) [Abrogated.]
    (c) Title. 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. Dec. 
1, 1989; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 
1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
Rule 2. 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).
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)

      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. Sec. 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.
    (c) Contents of the Notice of Appeal.
            (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, order, or part thereof 
                being appealed; and
                    (C) name the court to which the appeal is taken.
            (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.
            (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) An appeal must not be dismissed for informality of form 
        or title of the notice of appeal, or for failure to name a party 
        whose intent to appeal is otherwise clear from the notice.
            (5) Form 1 in the Appendix of Forms is a suggested form of a 
        notice of appeal.
    (d) Serving the Notice of Appeal.
            (1) The district clerk must serve notice of the filing of a 
        notice of appeal by mailing 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, either by personal service or 
        by mail addressed to 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 mails copies, 
        with the date of mailing. 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.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 
1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 
1998.)
[Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case] 
(Abrogated Apr. 24, 1998, eff. Dec. 1, 1998)
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 the judgment or order appealed from 
                is entered.
                    (B) When the United States or its officer or agency 
                is a party, the notice of appeal may be filed by any 
                party within 60 days after the judgment or order 
                appealed from is entered.
                    (C) An appeal from an order granting or denying an 
                application for a writ of error coram nobis is 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 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 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;
                            (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 no later than 10 days after the 
                        judgment is entered.
                    (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 altered or amended 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.
                    (C) No extension under this Rule 4(a)(5) may exceed 
                30 days after the prescribed time or 10 days 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;
                    (B) the motion is filed within 180 days after the 
                judgment or order is entered or within 7 days after the 
                moving party receives notice under Federal Rule of Civil 
                Procedure 77(d) of the entry, whichever is earlier; and
                    (C) the court finds that no party would be 
                prejudiced.
            (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)(1) 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)(1) 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)(1) 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 10 
                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.
            (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 10 days after the entry of the order 
                disposing of the last such remaining motion, or within 
                10 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 10 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.
                    (C) A valid notice of appeal is effective--without 
                amendment--to appeal from an order 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.
    (c) Appeal by an Inmate Confined in an Institution.
            (1) If an inmate confined in an institution 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. If an institution 
        has a system designed for legal mail, the inmate must use that 
        system to receive the benefit of this rule. Timely filing may be 
        shown by a declaration in compliance with 28 U.S.C. Sec. 1746 or 
        by a notarized statement, either of which must set forth the 
        date of deposit and state that first-class postage has been 
        prepaid.
            (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.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Nov. 18, 1988; Apr. 30, 
1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 
1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 
2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005.)
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 
        for permission to appeal. The petition must be filed with the 
        circuit clerk with proof of service 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;
                    (C) the relief sought;
                    (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 7 days after the petition is served.
            (3) The petition and answer will be submitted without oral 
        argument unless the court of appeals orders otherwise.
    (c) Form of Papers; Number of Copies. All papers must conform to 
Rule 32(c)(2). Except by the court's permission, a paper must not exceed 
20 pages, exclusive of the disclosure statement, the proof of service, 
and the accompanying documents required by Rule 5(b)(1)(E). 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.
    (d) Grant of Permission; Fees; Cost Bond; Filing the Record.
            (1) Within 10 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).
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 
1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 
2002.)
[Rule 5.1. Appeal by Leave under 28 U.S.C. Sec. 636(c)(5)] (Abrogated Apr. 
24, 1998, eff. Dec. 1, 1998)
Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or 
Decree of a District Court or Bankruptcy Appellate Panel
    (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. Sec. 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. Sec. 158(d) from a 
        final judgment, order, or decree of a district court or 
        bankruptcy appellate panel exercising appellate jurisdiction 
        under 28 U.S.C. Sec. 158(a) or (b). But there are 3 exceptions:
                    (A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(b), 13-20, 
                22-23, and 24(b) do not apply;
                    (B) the reference in Rule 3(c) to ``Form 1 in the 
                Appendix of Forms'' must be read as a reference to Form 
                5; and
                    (C) when the appeal is from a bankruptcy appellate 
                panel, the term ``district court,'' as used in any 
                applicable rule, means ``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 8015 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) 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 notice of appeal. A party 
                        intending to challenge an altered or amended 
                        judgment, order, or decree must file a notice of 
                        appeal or amended notice of appeal 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.
                    (B) The record on appeal.
                            (i) Within 10 days after filing the notice 
                        of appeal, the appellant must file with the 
                        clerk possessing the record assembled in 
                        accordance with Bankruptcy Rule 8006--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 sent to the circuit 
                        clerk.
                            (ii) An appellee who believes that other 
                        parts of the record are necessary must, within 
                        10 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).

                    (C) Forwarding the record.
                            (i) When the record is complete, the 
                        district clerk or bankruptcy appellate panel 
                        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 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.
                            (ii) All parties must do whatever else is 
                        necessary to enable the clerk to assemble and 
                        forward the record. The court of appeals may 
                        provide by rule or order that a certified copy 
                        of the docket entries be sent 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 sent.
                    (D) Filing the record. Upon receiving the record--or 
                a certified copy of the docket entries sent in place of 
                the redesignated record--the circuit clerk must file it 
                and immediately notify all parties of the filing date.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 
1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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 supersedeas bond; or
                    (C) an order suspending, modifying, restoring, or 
                granting an injunction while an appeal is 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.
                    (C) The moving party must give reasonable notice of 
                the motion to all parties.
                    (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 Surety. If a party gives security in the 
form of a bond or stipulation or other undertaking with one or more 
sureties, each surety submits to the jurisdiction of the district court 
and irrevocably appoints the district clerk as the surety's agent on 
whom any papers affecting the surety's liability on the bond or 
undertaking may be served. On motion, a surety's liability may be 
enforced in the district court without the necessity of an independent 
action. The motion and any notice that the district court prescribes may 
be served on the district clerk, who must promptly mail a copy to each 
surety whose address is known.
    (c) Stay in a Criminal Case. Rule 38 of the Federal Rules of 
Criminal Procedure governs a stay in a criminal case.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 27, 1995, eff. Dec. 
1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
    (c) Criteria for Release. The court must make its decision regarding 
release in accordance with the applicable provisions of 18 U.S.C. 
Sec. Sec. 3142, 3143, and 3145(c).
(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Oct. 12, 1984; Apr. 29, 
1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.)
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 10 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; or
                    (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 10 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 10 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
                    (C) unless within 10 days after service of that 
                designation the appellant has ordered all such parts, 
                and has so notified the appellee, the appellee may 
                within the following 10 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.
    (c) Statement of the Evidence When the Proceedings Were Not Recorded 
or When a Transcript Is 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 10 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 courts 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
                    (C) by the court of appeals.
            (3) All other questions as to the form and content of the 
        record must be presented to the court of appeals.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 
1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 
1998.)
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 reporters 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.
                    (C) When a transcript is complete, the reporter must 
                file it with the district clerk and notify the 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.
    (c) Retaining the Record Temporarily in the District Court for Use 
in Preparing the Appeal. The 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.
            (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 supersedeas bond; or
             for any other intermediate order--
the district clerk must send the court of appeals any parts of the 
record designated by any party.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 
1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998.)
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 10 days after filing the notice, file a statement with the 
circuit clerk naming the parties that the attorney represents on appeal.
    (c) Filing the Record, Partial Record, or Certificate. Upon 
receiving the record, partial record, or district clerk's certificate as 
provided in Rule 11, the circuit clerk must file it and immediately 
notify all parties of the filing date.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 
1986; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 
1998.)

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

Rule 13. Review of a Decision of the Tax Court
    (a) How Obtained; Time for Filing Notice of Appeal.
            (1) Review of a decision of 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.
            (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 the entry of the order disposing of 
        the motion or from the entry of a new decision, whichever is 
        later.
    (b) 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 
mail addressed to the clerk. If sent by mail the notice is considered 
filed on the postmark date, subject to Sec. 7502 of the Internal Revenue 
Code, as amended, and the applicable regulations.
    (c) 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.
    (d) The Record on Appeal; Forwarding; Filing.
            (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 of forwarding and filing, 
        and the docketing in the court of appeals. 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.
            (2) If an appeal from a Tax Court decision 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.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 
1994; Apr. 24, 1998, eff. Dec. 1, 1998.)
Rule 14. Applicability of Other Rules to the Review of a Tax Court 
Decision_
    All provisions of these rules, except Rules 4-9, 15-20, and 22-23, 
apply to the review of a Tax Court decision.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)

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
                    (C) specify the order or part thereof to be 
                reviewed.
            (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 20 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.
    (c) Service of the Petition or Application. The circuit clerk must 
serve a copy of the petition for 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:
            (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.
(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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.
(As added Mar. 10, 1986, eff. July 1, 1986; amended Apr. 24, 1998, eff. 
Dec. 1, 1998.)
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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
                    (C) The moving party must give reasonable notice of 
                the motion to all parties.
                    (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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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 7 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.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)

                      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 a petition with the 
        circuit clerk with proof of service 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.
            (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.
            (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.
            (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.
    (c) Other Extraordinary Writs. An application for an extraordinary 
writ other than one provided for in Rule 21(a) must be made by filing a 
petition with the circuit clerk with proof of service 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. All papers must conform to 
Rule 32(c)(2). Except by the court's permission, a paper must not exceed 
30 pages, exclusive of the disclosure statement, the proof of service, 
and the accompanying documents required by Rule 21(a)(2)(C). 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.
(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 
1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 
2002.)

         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. Sec. 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. Sec. 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. 
        Sec. 2253(c). If an applicant files a notice of appeal, the 
        district judge who rendered the judgment must either issue a 
        certificate of appealability or state why a certificate should 
        not issue. The district clerk must send the certificate or 
        statement to the court of appeals 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 the certificate.
            (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.
(As amended Apr. 24, 1996; Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
    (c) Release Pending Review of Decision Ordering Release. While a 
decision ordering the release of a 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.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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
                    (C) states the issues that the party intends to 
                present on appeal.
            (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
                    (C) finds that the party is not otherwise entitled 
                to proceed in forma pauperis.
            (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).
    (b) Leave to Proceed in Forma Pauperis on Appeal or Review of an 
Administrative-Agency Proceeding. When an appeal or review of a 
proceeding before an administrative agency, board, commission, or 
officer (including for the purpose of this rule the United States Tax 
Court) proceeds directly in a court of appeals, 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).
    (c) Leave to Use Original Record. A party allowed to proceed on 
appeal in forma pauperis may request that the appeal be heard on the 
original record without reproducing any part.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 
1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 
2002.)

                      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) In general. 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.
                    (B) A brief or appendix. A brief or appendix is 
                timely filed, however, if on or before the last day for 
                filing, it is:
                            (i) mailed to the clerk by First-Class Mail, 
                        or other class of mail that is at least as 
                        expeditious, postage prepaid; or
                            (ii) dispatched to a third-party commercial 
                        carrier for delivery to the clerk within 3 
                        calendar days.
                    (C) Inmate filing. A paper filed by an inmate 
                confined in an institution is timely if deposited in the 
                institution's internal mailing system on or before the 
                last day for filing. If an institution has a system 
                designed for legal mail, the inmate must use that system 
                to receive the benefit of this rule. Timely filing may 
                be shown by a declaration in compliance with 28 U.S.C. 
                Sec. 1746 or by a notarized statement, either of which 
                must set forth the date of deposit and state that first-
                class postage has been prepaid.
                    (D) Electronic filing. A court of appeals may by 
                local rule permit papers to be filed, signed, or 
                verified by electronic means that are consistent with 
                technical standards, if any, that the Judicial 
                Conference of the United States establishes. A paper 
                filed by electronic means in compliance with a local 
                rule constitutes a written paper for the purpose of 
                applying 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.
    (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.
    (c) Manner of Service.
            (1) Service may be any of the following:
                    (A) personal, including delivery to a responsible 
                person at the office of counsel;
                    (B) by mail;
                    (C) by third-party commercial carrier for delivery 
                within 3 calendar days; or
                    (D) by electronic means, if the party being served 
                consents in writing.
            (2) If authorized by local rule, a party may use the court's 
        transmission equipment to make electronic service under Rule 
        25(c)(1)(D).
            (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 transmission, 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:
                    (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)(B), 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.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec. 
1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 
1994; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 
1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
Rule 26. Computing and Extending Time
    (a) Computing Time. The following rules apply in computing any 
period of time specified in these rules or in any local rule, court 
order, or applicable statute:
            (1) Exclude the day of the act, event, or default that 
        begins the period.
            (2) Exclude intermediate Saturdays, Sundays, and legal 
        holidays when the period is less than 11 days, unless stated in 
        calendar days.
            (3) Include the last day of the period unless it is a 
        Saturday, Sunday, legal holiday, or--if the act to be done is 
        filing a paper in court--a day on which the weather or other 
        conditions make the clerk's office inaccessible.
            (4) As used in this rule, ``legal holiday'' means New Year's 
        Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, 
        Memorial Day, Independence Day, Labor Day, Columbus Day, 
        Veterans' Day, Thanksgiving Day, Christmas Day, and any other 
        day declared a holiday by the President, Congress, or the state 
        in which is located either 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.
    (c) Additional Time after Service. When a party is required or 
permitted to act within a prescribed period after a paper is served on 
that party, 3 calendar days are added to the prescribed period unless 
the paper is delivered on the date of service stated in the proof of 
service. For purposes of this Rule 26(c), a paper that is served 
electronically is not treated as delivered on the date of service stated 
in the proof of service.
(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 
1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 
1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 
1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 
2005.)
Rule 26.1. Corporate Disclosure Statement_
    (a) Who Must File. Any nongovernmental corporate 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.
    (b) Time for Filing; Supplemental Filing. A party must file the Rule 
26.1(a) statement 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. Even if the 
statement has already been filed, the party's principal brief must 
include the statement before the table of contents. A party must 
supplement its statement whenever the information that must be disclosed 
under Rule 26.1(a) changes.
    (c) Number of Copies. If the Rule 26.1(a) statement is filed before 
the principal brief, or if a supplemental statement is filed, the party 
must file an original and 3 copies unless the court requires a different 
number by local rule or by order in a particular case.
(As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Apr. 30, 1991, eff. 
Dec. 1, 1991; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 
1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
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.
                    (C) Documents barred or not required.
                            (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 8 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 8-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 5 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 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.
    (c) Power of a Single Judge to Entertain a Motion. A circuit judge 
may act alone on any motion, but 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; Page Limits; and 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.
                    (C) Binding. The document must be bound in any 
                manner that is secure, does not obscure the text, and 
                permits the document to lie reasonably flat when open.
                    (D) Paper size, line spacing, and margins. The 
                document must be on 8\1/2\ 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) Page Limits. A motion or a response to a motion must not 
        exceed 20 pages, exclusive of the corporate disclosure statement 
        and accompanying documents authorized by Rule 27(a)(2)(B), 
        unless the court permits or directs otherwise. A reply to a 
        response must not exceed 10 pages.
            (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.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 1, 
1989; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 
1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 
2005.)
Rule 28. Briefs_
    (a) Appellant's Brief. The appellant's brief must contain, under 
appropriate headings and in the order indicated:
            (1) a corporate 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;
                    (C) the filing dates establishing the timeliness of 
                the appeal or petition for review; and
                    (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 statement of the case briefly indicating the nature of 
        the case, the course of proceedings, and the disposition below;
            (7) a statement of facts relevant to the issues submitted 
        for review with appropriate references to the record (see Rule 
        28(e));
            (8) 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;
            (9) 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);
            (10) a short conclusion stating the precise relief sought; 
        and
            (11) the certificate of compliance, if required by Rule 
        32(a)(7).
    (b) Appellee's Brief. The appellee's brief must conform to the 
requirements of Rule 28(a)(1)-(9) and (11), 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;
            (4) the statement of the facts; and
            (5) the statement of the standard of review.
    (c) Reply Brief. The appellant may file a brief in reply to the 
appellee's brief. Unless the court permits, 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]
    (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.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 
1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 
1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 
1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 
2002; Apr. 25, 2005, eff. Dec. 1, 2005.)
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.
    (c) Briefs. In a case involving a cross-appeal:
            (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 or a statement of 
        the facts unless the appellee is dissatisified 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)-(9) and (11), 
        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;
                    (C) the statement of the case;
                    (D) the statement of the facts; and
                    (E) 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 (11) 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; and 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).
    (e) Length.
            (1) Page Limitation. Unless it complies with Rule 28.1(e)(2) 
        and (3), 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:
                            (i) it contains no more than 14,000 words; 
                        or
                            (ii) it 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:
                            (i) it contains no more than 16,500 words; 
                        or
                            (ii) it uses a monospaced face and contains 
                        no more than 1,500 lines of text.
                    (C) The appellee's reply brief is acceptable if it 
                contains no more than half of the type volume specified 
                in Rule 28.1(e)(2)(A).
            (3) Certificate of Compliance. A brief submitted under Rule 
        28.1(e)(2) must comply with Rule 32(a)(7)(C).
    (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 14 days after the 
        appellant's response and reply brief is served, but at least 3 
        days before argument unless the court, for good cause, allows a 
        later filing.
(As added Apr. 25, 2005, eff. Dec. 1, 2005.)
Rule 29. Brief of an Amicus Curiae
    (a) When Permitted. The United States or its officer or agency, or a 
State, Territory, Commonwealth, or the District of Columbia may file an 
amicus-curiae 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.
    (b) Motion for Leave to File. The motion must be accompanied by the 
proposed brief and state:
            (1) the movant's interest; and
            (2) the reason why an amicus brief is desirable and why the 
        matters asserted are relevant to the disposition of the case.
    (c) 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. If an amicus curiae is a corporation, the brief 
must include a disclosure statement like that required of parties by 
Rule 26.1. An amicus brief need not comply with Rule 28, but must 
include the following:
            (1) a table of contents, with page references;
            (2) a table of authorities--cases (alphabetically arranged), 
        statutes and other authorities--with references to the pages of 
        the brief where they are cited;
            (3) a concise statement of the identity of the amicus 
        curiae, its interest in the case, and the source of its 
        authority to file;
            (4) an argument, which may be preceded by a summary and 
        which need not include a statement of the applicable standard of 
        review; and
            (5) a certificate of compliance, if required by Rule 
        32(a)(7).
    (d) 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.
    (e) 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.
    (f) Reply Brief. Except by the court's permission, an amicus curiae 
may not file a reply brief.
    (g) Oral Argument. An amicus curiae may participate in oral argument 
only with the court's permission.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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;
                    (C) the judgment, order, or decision in question; 
                and
                    (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 10 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 10 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.
    (c) Deferred Appendix.
            (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.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 
1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 29, 1994, eff. Dec. 1, 
1994; Apr. 24, 1998, eff. Dec. 1, 1998.)
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 14 days after 
        service of the appellee's brief but a reply brief must be filed 
        at least 3 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.
    (c) Consequence of Failure to File. If an appellant fails to file a 
brief within the time provided by this 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.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 
1, 1986; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 
1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
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.
                    (C) Photographs, illustrations, and tables may be 
                reproduced by any method that results in a good 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;
                    (C) the title of the case (see Rule 12(a));
                    (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 8\1/2\ 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 
                10\1/2\ characters per inch.
            (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) and (C).
                    (B) Type-volume limitation.
                            (i) A principal brief is acceptable if:

 it contains no more than 14,000 words; or

 it 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).
                            (iii) Headings, footnotes, and quotations 
                        count toward the word and line limitations. The 
                        corporate disclosure statement, table of 
                        contents, table of citations, statement with 
                        respect to oral argument, any addendum 
                        containing statutes, rules or regulations, and 
                        any certificates of counsel do not count toward 
                        the limitation.
                    (C) Certificate of compliance.
                            (i) A brief submitted under Rules 28.1(e)(2) 
                        or 32(a)(7)(B) must include a certificate by the 
                        attorney, or an unrepresented party, that the 
                        brief 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 brief. The 
                        certificate must state either:

 the number of words in the brief; or

 the number of lines of monospaced type in the brief.

                            (ii) Form 6 in the Appendix of Forms is a 
                        suggested form of a certificate of compliance. 
                        Use of Form 6 must be regarded as sufficient to 
                        meet the requirements of Rules 28.1(e)(3) and 
                        32(a)(7)(C)(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 8\1/2\ by 11 inches, and need not lie reasonably flat 
        when opened.
    (c) Form of Other Papers.
            (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.
    (e) Local Variation. Every court of appeals must accept documents 
that comply with the form requirements of this rule. By local rule or 
order in a particular case a court of appeals may accept documents that 
do not meet all of the form requirements of this rule.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 
1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005.)
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.
(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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
                    (C) the facts and legal arguments are adequately 
                presented in the briefs and record, and the 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.
    (c) Order and Contents of Argument. The appellant opens and 
concludes the argument. Counsel 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.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 
1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 
2005.)
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 petition for an en 
        banc hearing or rehearing must not exceed 15 pages, excluding 
        material not counted under Rule 32.
            (3) For purposes of the page limit 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.
    (c) Time for Petition for Hearing or Rehearing En Banc. A petition 
that an appeal be heard initially 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.
    (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.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 
1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 
2005.)
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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 
1, 2002.)
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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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.
    (c) Costs of Copies. 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 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, with proof of 
        service, an itemized and verified bill of costs.
            (2) Objections must be filed within 10 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 supersedeas bond or other bond to 
        preserve rights pending appeal; and
            (4) the fee for filing the notice of appeal.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 
1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998.)
Rule 40. Petition for Panel Rehearing
    (a) Time to File; Contents; Answer; 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, if 
        the United States or its officer or agency is a party, the time 
        within which any party may seek rehearing is 45 days after entry 
        of judgment, unless an order shortens or extends the time.
            (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) Answer. Unless the court requests, no answer to a 
        petition for panel rehearing is permitted. 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) restore the case to the calendar for reargument 
                or resubmission; or
                    (C) issue any other appropriate order.
    (b) Form of Petition; Length. The petition must comply in form with 
Rule 32. Copies must be served and filed as Rule 31 prescribes. Unless 
the court permits or a local rule provides otherwise, a petition for 
panel rehearing must not exceed 15 pages.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 
1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.)
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 calendar days 
after the time to file a petition for rehearing expires, or 7 calendar 
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.
    (c) Effective Date. The mandate is effective when issued.
    (d) Staying the Mandate.
            (1) On Petition for Rehearing or Motion. The timely filing 
        of a petition for panel rehearing, petition for rehearing en 
        banc, or motion for stay of mandate, stays the mandate until 
        disposition of the petition or motion, unless the court orders 
        otherwise.
            (2) Pending Petition for Certiorari.
                    (A) 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 certiorari petition would present 
                a substantial question and that there is good cause for 
                a stay.
                    (B) The stay must not exceed 90 days, unless the 
                period is extended for good cause or unless the party 
                who obtained the stay files a petition for the writ and 
                so notifies the circuit clerk in writing within the 
                period of the stay. In that case, the stay continues 
                until the Supreme Court's final disposition.
                    (C) The court may require a bond or other security 
                as a condition to granting or continuing a stay of the 
                mandate.
                    (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.
(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 
1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
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. The circuit clerk may dismiss 
a docketed appeal if the parties file a signed dismissal agreement 
specifying how costs are to be paid and pay any fees that are due. But 
no mandate or other process may issue without a court order. An appeal 
may be dismissed on the appellant's motion on terms agreed to by the 
parties or fixed by the court.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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.
    (c) Public Officer: Identification; Substitution.
            (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.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 
1, 2002.)
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, 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.
    (c) Notice of an Order or Judgment. 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 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.
(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 
1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 
2002; Apr. 25, 2005, eff. Dec. 1, 2005.)
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.
    (c) Discipline. A court of appeals may discipline an attorney who 
practices before it for conduct 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.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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. Sec. 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.
(As amended Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 
1, 1998.)
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.
(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 
1, 1998.)

                  FEDERAL RULES OF APPELLATE PROCEDURE

                            APPENDIX OF FORMS

Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order 
of a District Court

          United States District Court for the 

                         District of 

                          File Number 

                  A.B., Plaintiff

                         v.

<5-ln }>

                                                      Notice of Appeal
                  C.D., Defendant

    Notice is hereby given that (here name all parties taking the 
appeal), (plaintiffs) (defendants) in the above named case,* hereby 
appeal to the United States Court of Appeals for the  Circuit (from 
the final judgment) (from an order (describing it)) entered in this 
action on the __ day of _, 20_.
                                                         (s)
                                                     Attorney for 
                                                       Address: __

    * See Rule 3(c) for permissible ways of identifying appellants.
(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 
1, 2003.)

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.


                            Notice of Appeal

    Notice is hereby given that (here name all parties taking the 
appeal) * 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 _).
                                                         (s)
                                                      Counsel for 
                                                       Address: __

    * See Rule 3(c) for permissible ways of identifying appellants.
(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 
1, 2003.)
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.

<5-ln }>

                                                      Petition for 
                                                    Review
            XYZ Commission, Respondent

    (here name all parties bringing the petition) * hereby 
petition 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.
(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 
1, 2003.)

Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma 
Pauperis_








(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order 
of a District Court or a Bankruptcy Appellate Panel


   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: __ 
                                                        _
(As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Mar. 27, 2003, eff. 
Dec. 1, 2003.)
Form 6. Certificate of Compliance With Rule 32(a)__


(As added Apr. 29, 2002, eff. Dec. 1, 2002.)

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