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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 XII CONTENTS 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 (1) 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. § 1292(b) or an appeal in a bankruptcy case may be taken only in the manner prescribed by Rules 5 and 6, respectively. Rule 3 FEDERAL RULES OF APPELLATE PROCEDURE 2 (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. 3 FEDERAL RULES OF APPELLATE PROCEDURE Rule 4 (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 apRule 4 FEDERAL RULES OF APPELLATE PROCEDURE 4 peal, 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 Pro5 FEDERAL RULES OF APPELLATE PROCEDURE Rule 4 cedure 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 jud

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