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ion 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. Rule 45 FEDERAL RULES OF APPELLATE PROCEDURE 42 (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.) 43 FEDERAL RULES OF APPELLATE PROCEDURE Rule 47 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, llllllllllll, 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 Rule 48 FEDERAL RULES OF APPELLATE PROCEDURE 44 local rule rather than an internal operating procedure or standing order. A local rule must be consistent with—but not duplicative of—Acts of Congress and rules adopted under 28 U.S.C. § 2072 and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. Each circuit clerk must send the Administrative Office of the United States Courts a copy of each local rule and internal operating procedure when it is promulgated or amended. (2) A local rule imposing a requirement of form must not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply with the requirement. (b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the circuit. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement. (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.) (45) 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 lllllllllllllll District of lllllllllll File Number lllllllll A.B., Plaintiff v. # Notice of Appeal C.D., Defendant Notice is hereby given that lll(here name all parties taking the appeal)lll, (plaintiffs) (defendants) in the above named case,* hereby appeal to the United States Court of Appeals for the lll Circuit (from the final judgment) (from an order (describing it)) entered in this action on the ll day of lllllll, 20l. (s)llllllllllll Attorney for llllll Address: llllllll * 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 lll(here name all parties taking the appeal) *lll hereby appeal to the United States Court of Appeals for the lll Circuit from (that part of) the decision of this court entered in the above captioned proceeding on the llll day of lllllllllll, 20l (relating to llllllllll). (s)llllllllllll Counsel for llllll Address: llllllll * 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 FEDERAL RULES OF APPELLATE PROCEDURE 46 Form 3. Petition for Review of Order of an Agency, Board, Commission or Officer United States Court of Appeals for the lllllllll Circuit A.B., Petitioner v. # Petition for Review XYZ Commission, Respondent lll(here name all parties bringing the petition) *lll hereby petition the court for review of the Order of the XYZ Commission (describe the order) entered on lllll, 20l. (s)lllllllllllll, Attorney for Petitioners Address:lllllllll * See Rule 15. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) 47 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 48 49 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 50 (As amended Apr. 24, 1998, eff. Dec. 1, 1998.) 51 FEDERAL RULES OF APPELLATE PROCEDURE Form 5 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 llllll Circuit llllllll, the plaintiff [or defendant or other party] appeals to the United States Court of Appeals for the llllll Circuit from the final judgment [or order or decree] of the district court for the district of llllll [or bankruptcy appellate panel of the llllll circuit], entered in this case on llllll, 20ll [here describe the judgment, order, or decree] llllllllllllllllllllllllllllll The parties to the judgment [or order or decree] appealed from and the names and addresses of their respective attorneys are as follows: Dated llllllllllll Signed llllllllllll Attorney for Appellant Address: lllllllllll llllllllllllllll (As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Mar. 27, 2003, eff. Dec. 1, 2003.) Form 6 FEDERAL RULES OF APPELLATE PROCEDURE 52 Form 6. Certificate of Compliance With Rule 32(a) (As added Apr. 29, 2002, eff. Dec. 1, 2002.)

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