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- 15:03, 11 May 2007 Registration (hist) [1,079 bytes] WikiAdmin (Talk | contribs) (New page: Contrary to what the default registration screens might indicate, this Wiki requires that the following information be supplied during the registration process: 1. Real name 2. E-mail Ad...)
- 19:58, 18 April 2007 Sanctions for Frivolous Appeals Under Fed. R. App. P. 38 (hist) [4,342 bytes] Gman1492 (Talk | contribs) (New page: Counsel are advised to evaluate their appeal most carefully before proceeding in the court of appeals. Appellants must assure that any argument presented to this court, whether in motions,...)
- 19:56, 18 April 2007 XXII. Certification of State Law (hist) [998 bytes] Gman1492 (Talk | contribs) (New page: When the rules of the highest court of a state provide for certification to that court by a federal court of state law questions which will control the outcome of an appeal, the court of ...)
- 19:55, 18 April 2007 XXIII. Preparing and Serving Appendix (hist) [5,731 bytes] Gman1492 (Talk | contribs) (New page: Circuit Rule 30(a) requires that “[t]he appellant shall submit, bound with the main brief, an appendix containing the judgment or order under review and any opinion, memorandum of decis...)
- 19:54, 18 April 2007 P. Summary Of Certain Technical Requirements (hist) [595 bytes] WikiAdmin (Talk | contribs) (New page: Document Cover Color Copies Time Page Limit Separate Appendix White 10 40 Days No limit Appellant’s Brief Blue 15 40 Days 30 Pages† Appellee’s Brief Red 15 30 Days 30 Pages† ...)
- 19:53, 18 April 2007 A. Submission Without Oral Argument (hist) [1,132 bytes] Gman1492 (Talk | contribs) (New page: Many cases are decided after oral argument. However, some cases are decided without oral argument, pursuant to Fed. R. App. P. 34(a) and (f). The parties may agree, with the court’s app...)
- 19:53, 18 April 2007 O. Sequence Of Briefing in National Labor Relations Board Proceedings (hist) [471 bytes] WikiAdmin (Talk | contribs) (New page: Each party adverse to the NLRB in an enforcement or a review proceeding shall proceed first on briefing and at oral argument. Fed. R. App. P. 15.1. Even though a party adverse to the Board...)
- 19:52, 18 April 2007 N. Agreement of Parties to Submit Without Oral Argument (hist) [388 bytes] WikiAdmin (Talk | contribs) (New page: Federal Rule of Appellate Procedure 34(f) provides that the parties may agree to submit a case without oral argument but the court will make the final determination whether to hear oral ar...)
- 19:52, 18 April 2007 B. Scheduling Oral Argument (hist) [3,901 bytes] Gman1492 (Talk | contribs) (New page: The time between the filing of the appellee’s brief and oral argument will vary, depending on the type of case and the size of the court’s docket. Criminal cases and other matters e...)
- 19:52, 18 April 2007 M. References To The Record (hist) [184 bytes] WikiAdmin (Talk | contribs) (New page: No fact shall be stated in the statement of facts unless it is supported by a reference to the page or pages of the record or appendix where the fact appears. Fed. R. App. P. 28(a)(7).)
- 19:52, 18 April 2007 C. Courtroom Procedures (hist) [3,202 bytes] Gman1492 (Talk | contribs) (New page: When the court is sitting, oral arguments are generally scheduled for 9:30 A.M. The panel of judges and the order of cases to be argued that day is posted at 9:00 A.M. each morning that t...)
- 19:52, 18 April 2007 L. Required Short Appendix (hist) [299 bytes] WikiAdmin (Talk | contribs) (New page: The decision being appealed must always be bound with the appellant’s brief as an attached appendix. Certain other required contents of the appendix may also be bound with the brief if t...)
- 19:51, 18 April 2007 D. Preparation For Argument (hist) [1,852 bytes] Gman1492 (Talk | contribs) (New page: Counsel who will argue the appeal should study the case again even though counsel has worked on the brief and tried the case in the court below. It does not necessarily follow that counse...)
- 19:51, 18 April 2007 K. Length of Briefs (hist) [1,977 bytes] WikiAdmin (Talk | contribs) (New page: The court has moved from a page count to a type volume limit governed by Fed. R. App. P. 32(a)(7). The rule provides specific line and word counts for principal and reply briefs with a “...)
- 19:51, 18 April 2007 E. The Opening Statement (hist) [589 bytes] Gman1492 (Talk | contribs) (New page: Counsel should introduce themselves in their opening statements. Appellant’s counsel should normally tell the court in the first few words how the case got to the court of appeals, the ...)
- 19:51, 18 April 2007 J. Contents (hist) [98 bytes] WikiAdmin (Talk | contribs) (New page: Consult Fed. R. App. P. 28; Circuit Rule 28 and discussion, supra at Section XIX of this Handbook.)
- 19:50, 18 April 2007 F. The Statement Of Facts (hist) [745 bytes] Gman1492 (Talk | contribs) (New page: Because the judges will have already read the briefs before oral argument, it is unnecessary for counsel to state the facts in detail. The oral argument should, however, cover facts which...)
- 19:50, 18 April 2007 I. Format (hist) [2,818 bytes] WikiAdmin (Talk | contribs) (New page: The front of each brief must set forth: (1) the name of the court; (2) the docket number of the appeal centered at the top; (3) the title of the appeal; (4) the nature of the proceeding, ...)
- 19:50, 18 April 2007 G. The Argument (hist) [6,353 bytes] Gman1492 (Talk | contribs) (New page: 1. The applicable law. Counsel should state the applicable rules of law relied upon. If any precedents are discussed, enough should be said about them so that the court may see at...)
- 19:49, 18 April 2007 H. No Oral Reference to Cases Which Have Not Already Been Cited to the Court in Writing (hist) [375 bytes] Gman1492 (Talk | contribs) (New page: Circuit Rule 34(g) prohibits citing a case at oral argument that was not cited in one of the briefs or in a Fed. R. App. P. 28(j) supplemental authority. Counsel who becomes aware of a c...)
- 19:49, 18 April 2007 I. Order of Oral Argument in NLRB Proceedings (hist) [484 bytes] Gman1492 (Talk | contribs) (New page: Fed. R. App. P. 15.1 requires that parties adverse to the National Labor Relations Board, even in enforcement proceedings in which such parties are designated as respondents, proceed fir...)
- 19:48, 18 April 2007 XXV. Deciding an Appeal (hist) [1,953 bytes] Gman1492 (Talk | contribs) (New page: Although the court will occasionally decide the case from the bench, it usually reserves judgment at the conclusion of the oral argument. A conference of the panel is held promptly after...)
- 19:48, 18 April 2007 H. Digital Version of Brief (hist) [1,861 bytes] WikiAdmin (Talk | contribs) (New page: A digital version of each brief, including appendix materials required by Circuit Rule 30, must be furnished to the court at the time the brief is filed, unless counsel certifies that the ...)
- 19:47, 18 April 2007 A. Remands For Revision of Judgment (hist) [726 bytes] Gman1492 (Talk | contribs) (New page: Once an appeal from a final judgment is docketed in this court, the district court can deny motions to modify the judgment but lacks authority to grant the motion and modify the judgment...)
- 19:47, 18 April 2007 G. Number Of Copies (hist) [218 bytes] WikiAdmin (Talk | contribs) (New page: Fifteen copies of each brief must be filed and two copies served on each party or on counsel for each party separately represented. Fed. R. App. P. 31(b); Cir. R. 31(b). At least one copy ...)
- 19:47, 18 April 2007 F. Citation Of Unreported Opinion (hist) [276 bytes] WikiAdmin (Talk | contribs) (New page: When a decision not yet reported or reported only in abstract form is cited in a brief or other document filed with the court, a copy of that decision should be attached to each copy of th...)
- 19:47, 18 April 2007 B. Remands For a New Trial (hist) [289 bytes] Gman1492 (Talk | contribs) (New page: A judge other than the original trial judge will try a case remanded for a new trial unless the remand order provides, or all parties request, that the original judge retry the case. The...)
- 19:47, 18 April 2007 C. Limited Remands (hist) [1,715 bytes] Gman1492 (Talk | contribs) (New page: In order for the court of appeals to effectively review the actions of a district court, it must have the reasoning of the district court. Circuit Rule 50 requires that “[w]henever a di...)
- 19:46, 18 April 2007 E. Brief Of An Amicus Curiae (hist) [1,566 bytes] WikiAdmin (Talk | contribs) (New page: Court permission or consent of all parties is required in order to file an amicus brief, unless the brief is filed by one of the listed governmental entities. Fed. R. App. P. 29(a). The ru...)
- 19:46, 18 April 2007 D. Cases Remanded From the Supreme Court (hist) [340 bytes] Gman1492 (Talk | contribs) (New page: “When the Supreme Court remands a case to this court for further proceedings, counsel for the parties shall, within 21 days after the issuance of a certified copy of the Supreme Court...)
- 19:46, 18 April 2007 XXVII. Petition for Rehearing (hist) [3,170 bytes] Gman1492 (Talk | contribs) (New page: A party may file a petition for rehearing within 14 days after entry of the judgment. In all civil cases in which the United States or an officer or agency thereof is a party, the time w...)
- 19:46, 18 April 2007 D. Additional Authority (hist) [764 bytes] WikiAdmin (Talk | contribs) (New page: Pertinent and significant authorities coming to the attention of a party after its brief has been filed or after oral argument but before decision may be cited to the court by a letter to ...)
- 19:45, 18 April 2007 XXVIII. En Banc Procedure (hist) [3,170 bytes] Gman1492 (Talk | contribs) (New page: En banc hearings or rehearings, i.e., hearings by all the judges currently in regular active service on the court, are infrequent. “An en banc hearing or rehearing is not favored and o...)
- 19:45, 18 April 2007 C. Failure Of A Party To Timely File A Brief (hist) [920 bytes] WikiAdmin (Talk | contribs) (New page: If appellant’s retained counsel fails to file a brief, the clerk enters an order directing counsel to show cause within 14 days why the appeal should not be dismissed. If counsel is cour...)
- 19:45, 18 April 2007 XXIX. Costs (hist) [2,215 bytes] Gman1492 (Talk | contribs) (New page: A bill of costs must be filed within 14 days after entry of the judgment. If there is a reversal, the docket fee may be taxed against the losing party. The cost of printing or otherwise r...)
- 19:44, 18 April 2007 XXX. Issuance of Mandate (hist) [3,409 bytes] Gman1492 (Talk | contribs) (New page: The mandate of the court of appeals will ordinarily issue 21 days after entry of judgment or seven days after denial of a petition for rehearing. Fed. R. App. P. 41(a). The mandate issu...)
- 19:44, 18 April 2007 XXXI. Advisory Committee (hist) [489 bytes] Gman1492 (Talk | contribs) (New page: Circuit Rule 47 provides for an advisory committee to be composed of federal trial judges, private attorneys, law professors and court personnel. The committee studies the procedures and ...)
- 19:43, 18 April 2007 B. Extension Of Time (hist) [1,057 bytes] WikiAdmin (Talk | contribs) (New page: Extensions of time to file briefs are not favored. A motion for an extension, with supporting affidavits and proof of service on opposing counsel, must be filed at least five days before t...)
- 19:41, 18 April 2007 A. Time for Filing and Serving Briefs (hist) [2,853 bytes] WikiAdmin (Talk | contribs) (New page: Briefs must be filed and served as set forth in the scheduling order. If there has been no scheduling order, the appellant or petitioner has 40 days from the docketing of the appeal to fil...)
- 19:41, 18 April 2007 XXI. Filing and Serving Briefs (hist) [571 bytes] WikiAdmin (Talk | contribs) (New page: Listed below are the technical and procedural requirements pertaining to briefing the appeal. The required contents of briefs are set out in Fed. R. App. P. 28 and Circuit Rules 26.1, 28, ...)
- 19:34, 18 April 2007 XX. Requirements and Suggestions for Typography in Briefs and Other Papers (hist) [15,910 bytes] WikiAdmin (Talk | contribs) (New page: Federal Rule of Appellate Procedure 32 contains detailed requirements for the production of briefs, motions, appendices, and other papers that will be presented to the judges. Rule 32 is d...)
- 19:32, 18 April 2007 E. Requirement That All Appeals and Arguments Be Well Grounded; (hist) [4,695 bytes] Gman1492 (Talk | contribs) (New page: Counsel are advised to evaluate their appeal most carefully before proceeding in the court of appeals. Appellants must assure that any argument presented to this court, whether in motions,...)
- 19:30, 18 April 2007 XIX. Writing a Brief (hist) [12,806 bytes] WikiAdmin (Talk | contribs) (New page: Federal Rule of Appellate Procedure 28(a) sets forth specifically the appropriate subdivisions, and their sequence, of a brief. These requirements have been supplemented by Circuit Rules 1...)
- 19:30, 18 April 2007 B. Perfecting The Appeal (hist) [2,346 bytes] Gman1492 (Talk | contribs) (New page: Court-appointed trial counsel must handle the appeal unless relieved by the court of appeals. Retained trial counsel are generally appointed to represent the defendant on appeal if the de...)
- 19:29, 18 April 2007 A. Counsel Who Does Not Wish To Proceed On Appeal (hist) [2,751 bytes] Gman1492 (Talk | contribs) (New page: When a convicted defendant wants to appeal and appointed trial counsel wishes to withdraw, counsel is still responsible for representing defendant until relieved by the court of appeals. ...)
- 19:28, 18 April 2007 F. Sealed Items In The Record (hist) [964 bytes] WikiAdmin (Talk | contribs) (New page: In November 2000 the court enacted a new operating procedure number 10 regarding record items held under seal. Except to the extent portions of the record are required to be sealed by stat...)
- 19:27, 18 April 2007 E. Composition And Transmission Of Administrative Record (hist) [1,334 bytes] WikiAdmin (Talk | contribs) (New page: Within 40 days of the filing of the petition for review or application for enforcement (unless the statute authorizing review fixes a different time), the agency must transmit the record, ...)
- 19:27, 18 April 2007 D. Retention Of Record In Trial Court (hist) [694 bytes] WikiAdmin (Talk | contribs) (New page: Circuit Rule 11(a) governs the record transmission practices in this circuit. All district court clerk’s offices (except the one in Chicago) retain the records on appeal until directed t...)
- 19:25, 18 April 2007 C. Composition & Transmission Of Trial Court Record (hist) [4,266 bytes] WikiAdmin (Talk | contribs) (New page: In district court or Tax Court cases, the record on appeal includes the original papers and exhibits and the transcript of proceedings. In addition, a certified copy of the docket entries ...)
- 19:25, 18 April 2007 B. Transcription Fees (hist) [527 bytes] WikiAdmin (Talk | contribs) (New page: The Judicial Conference of the United States has provided that penalties will be assessed against the court reporter if the transcript is not filed within 30 days of being ordered. A court...)
