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FRAP 28

 BRIEFS

 (a) Brief of the appellant.  The brief of the appellant
shall contain under appropriate headings and in the order here
indicated:

 (1) A table of contents, with page references, and a
table of cases (alphabetically arranged), statutes and other
authorities cited, with references to the pages of the brief
where they are cited.

 (2) A statement of subject matter and appellate
jurisdiction.  The statement shall include: (i) a statement of
the basis for subject matter jurisdiction in the district court
or agency, with citation to applicable statutory provisions and
with reference to the relevant facts to establish such
jurisdiction; (ii) a statement of the basis for jurisdiction in
the court of appeals, with citation to applicable statutory
provisions and with reference to the relevant facts to establish

such jurisdiction; the statement shall include relevant filing
dates establishing the timeliness of the appeal or petition for
review and (a) shall state that the appeal is from a final order
or a final judgment that disposes of all claims with respect to
all parties or, if not, (b) shall include information
establishing that the court of appeals has jurisdiction on some
other basis.

 (3) A statement of the issues presented for review.

 (4) A statement of the case.  The statement shall first
indicate briefly the nature of the case, the course of
proceedings, and its disposition in the court below.  There shall
follow a statement of the facts relevant to the issues presented
for review, with appropriate references to the record (see
subdivision (e)).

 (5) An argument.  The argument may be preceded by a
summary.  The argument shall contain the contentions of the
appellant with respect to the issues presented, and the reasons
therefor, with citations to the authorities, statutes and parts
of the record relied on.

 (6) A short conclusion stating the precise relief sought.

 (b) Brief of the appellee.  The brief of the appellee
shall conform to the requirements of subdivision (a)(1)-(5),
except that a statement of jurisdiction, of the issues, or of the
case need not be made unless the appellee is dissatisfied with
the statement of the appellant.

 (c) Reply brief.  The appellant may file a brief in reply
to the brief of the appellee, and if the appellee has cross-
appealed, the appellee may file a brief in reply to the response
of the appellant to the issues presented by the cross appeal.  No
further briefs may be filed except with leave of court.  All
reply briefs shall contain a table of contents, with page
references, and a table of cases (alphabetically arranged),
statutes and other authorities cited, with references to the
pages of the reply brief where they are cited.

 (d) References in briefs to parties.  Counsel will be
expected in their briefs and oral arguments to keep to a minimum
references to parties by such designations as "appellant" and
"appellee." It promotes clarity to use the designations used in
the lower court or in the agency proceedings, or the actual names
of parties, or descriptive terms such as "the employee," "the
injured person," "the taxpayer," "the ship," "the stevedore,"
etc.

 (e) References in briefs to the record.  References in
the briefs to parts of the record reproduced in the appendix
filed with the brief of the appellant (see Rule 30(a)) shall be
to the pages of the appendix at which those parts appear.  If the
appendix is prepared after the briefs are filed, references in
the briefs to the record shall be made by one of the methods
allowed by Rule 30(c).  If the record is reproduced in accordance
with the provisions of Rule 30(f), or if references are made in
the briefs to parts of the record not reproduced, the references
shall be to the pages of the parts of the record involved; e.g.,
Answer p. 7, Motion for Judgment p. 2, Transcript p. 231.
Intelligible abbreviations may be used.  If reference is made to
evidence the admissibility of which is in controversy, reference
shall be made to 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 determination of the issues presented requires the study of
statutes, rules, regulations, etc. or relevant parts thereof,
they shall be reproduced in the brief or in an addendum at the
end, or they may be supplied to the court in pamphlet form.

 (g) Length of briefs.  Except by permission of the court,
or as specified by local rule of the court of appeals, principal
briefs shall not exceed 50 pages, and reply briefs shall not
exceed 25 pages, exclusive of pages containing the table of
contents, tables of citations and any addendum containing
statutes, rules, regulations, etc.

 (h) Briefs in cases involving cross appeals.  If a cross
appeal is filed, the party who first files a notice of appeal, or
in the event that the notices are filed on the same day, the
plaintiff in the proceeding below, shall be deemed the appellant
for the purposes of this rule and Rules 30 and 31, unless the
parties otherwise agree or the court otherwise orders.  The brief
of the appellee shall conform to the requirements of subdivision
(a)(1)-(6) of this rule with respect to the appellee's cross
appeal as well as respond to the brief of the appellant except
that a statement of the case need not be made unless the appellee
is dissatisfied with the statement of the appellant.

 (i) Briefs in cases involving multiple appellants or
appellees.  In cases involving more than 1 appellant or appellee,
including cases consolidated for purposes of the appeal, any
number of either may join in a single brief, and any appellant or
appellee may adopt by reference any part of the brief of another.
Parties may similarly join in reply briefs.

 (j) Citation of supplemental authorities.  When pertinent
and significant authorities come to the attention of a party
after the party's brief has been filed, or after oral argument
but before decision, a party may promptly advise the clerk of the
court, by letter, with a copy to all counsel, setting forth the
citations.  There shall be a reference either to the page of
the brief or to a point argued orally to which the citations
pertain, but the letter shall without argument state the reasons
for the supplemental citations.  Any response shall be made
promptly and shall 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.)

CIRCUIT RULE 28-1

 BRIEFS, APPLICABLE RULES

 (a) Briefs shall be prepared and filed in accordance with
the Federal Rules of Appellate Procedure except as otherwise
provided by these rules.  See FRAP 28, 29, 31 and 32.  Briefs not
complying with FRAP and these rules may be stricken by the Court.

 (b) Appellants proceeding without the assistance of
counsel may file the form brief provided by the Clerk in lieu of
the brief described in the preceding paragraph.

Cross Reference:  Circuit Rule 33-1, Civil Appeals Docketing
Statement; Appendix of Forms, Form 6.

CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 28-1

 The rules regarding form of the brief and the colors of
covers are set forth in FRAP 32.  See Circuit Rule 31-1 for the
number of copies required.

CIRCUIT RULE 28-2

 CONTENTS OF BRIEFS

 In addition to the requirements of FRAP 28, briefs shall
comply with the following rules:
 28-2.1 Certificate as to Interested Parties
[ABROGATED 7/1/90].

Cross Reference: FRAP 26.1 Corporate Disclosure
Statement.

 28-2.2 Statement of Jurisdiction

 In a statement preceding the statement of the case in its
initial brief, each party shall demonstrate the jurisdiction of
the district court or agency and of this Court by stating, in the
following order:

 (a) The statutory basis of subject matter jurisdiction of
the district court or agency;
 (b) The basis for claiming that the judgment or order
appealed from is final or otherwise appealable (e.g., Fed. R.
Civ. P.  54(b); 28 U.S.C.  1292), and the statutory basis of
jurisdiction of this Court.

 (c) The date of entry of the judgment or order appealed
from; the date of filing of the notice of appeal or petition for
review; and the statute or rule under which it is claimed the
appeal is timely.

 If the appellee agrees with appellant's statement of 1 or
more of the foregoing matters, it will be sufficient for the
appellee to state such agreement under an appropriate heading.

 28-2.3 Attorneys Fees

 Any party in a civil case, including administrative
agency adjudications under 28 U.S.C.  2412(d)(3), who intends to
seek attorneys fees for the appeal must include a short statement
to that effect and must identify the authority under which the
attorneys fees will be sought.

 28-2.4 Bail Status

 The opening brief in a criminal appeal shall contain a
statement as to the bail status of the defendant.  If the
defendant is in custody, the projected release date should be
included.

        28-2.5 Reviewability and Standard of Review

As to each issue, appellant shall state where in the record on
appeal the issue was raised and ruled on and identify the
applicable standard of review.

In addition, if a ruling complained of on appeal is one to which
a party must have objected at trial to preserve a right of
review, e.g., a failure to admit or exclude evidence or the
giving or refusal to give a jury instruction, the party shall
state where in the record on appeal the objection and ruling are
set forth.

28-2.6 Statement of Related Cases

Each party shall identify in a statement on the last page of its
initial brief any known related case pending in this court.  As
to each such case, the statement shall include the name and Court
of Appeals docket number of the related case and describe its
relationship to the case being briefed.  Cases are deemed related
if they:

 (a)  arise out of the same or consolidated cases in the
district court or agency;

 (b) are cases previously heard in this Court which
concern the case being briefed;

 (c) raise the same or closely related issues; or

 (d) involve the same transaction or event.  If no other
cases in this Court are deemed related, a statement shall be made
to that effect.  The appellee need not include any case
identified as related in the appellant's brief.

28-2.7 Addendum to Briefs

 If determination of the issues presented requires the
study of statutes, regulations or rules, relevant parts thereof
shall be reproduced in an addendum at the end of a party's brief.
The addendum shall be separated from the brief by a distinctively
colored page.

28-2.8 Record References

 Every assertion in briefs regarding matters in the record
shall be supported by a reference to the page or document number
of the original record where the matter relied on is to be found.

 28-2.9 Bankruptcy Appeals

 If the appeal arises out of the bankruptcy court, the
name, address and court of the bankruptcy judge initially ruling
on the matter shall be furnished to the clerk of this court by
the appellant with the opening brief.

CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 28-2

 Sanctions may be imposed for failure to comply with this
rule, particularly with respect to record references.  See
Mitchel v. General Elec. Co., 689 F.2d 877 (9th Cir. 1982).

CIRCUIT RULE 28-3

LENGTH OF BRIEFS; MOTIONS TO EXCEED PAGE LIMITS

 28-3.1 Length of Briefs

 The length of briefs may be limited by court order, or by
order under the prebriefing conference program.  In the absence
of such an order, the parties will observe the page limitations
in FRAP 28(g).

Appeals Docketing Statement; Prebriefing Conference Program.

 28-3.2 Computation

 The certificate as to interested parties, statement of
related cases and any addendum under Circuit Rule 28-2.7 shall
not be counted in determining the length of a brief.  All other
material in the brief, including all materials required by these
rules, shall be counted in determining the length of briefs, and
none of the requirements of this rule is a justification for
filing a motion to exceed page limits.  Parties must not append
or incorporate by reference briefs submitted to the district
court or agency, or refer this Court to such briefs for their
arguments on the merits of the appeal.

 28-3.3 Motions to Exceed Page Limits

 The Court looks with disfavor on motions to exceed the
page limits in FRAP 28(g) or established under the prebriefing
conference program and such motions will be granted only for
extraordinary and compelling reasons.  A motion for permission to
exceed page limits must be filed at least 14 days before the
brief is due to be filed (7 days in the case of a reply brief)
and must be accompanied by an affidavit stating in detail the
reasons for the motion.  The cost of preparing and revising the
brief will not be considered by the Court in ruling on a motion
to exceed page limits.

CIRCUIT RULE 28-4

JOINT BRIEFS IN CIVIL CASES

 In civil cases involving more than 1 appellant or
appellee, and in cases consolidated for purposes of the appeal,
all parties on a side shall join in a single brief to the
greatest extent practicable.  Upon application, the clerk may
extend the time for filing a joint brief up to 21 days and may
allow the joint parties up to 5 additional pages in which to
discuss any differences in their positions.


CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 28-4

Joint Briefs in Multi-Defendant Criminal Appeals:  In multi-
defendant criminal appeals raising common issues, parties are
encouraged to file a joint brief with respect to the common
issues.

FRAP 29

BRIEF OF AN AMICUS CURIAE

 A brief of an amicus curiae may be filed only if
accompanied by written consent of all parties, or by leave of
court granted on motion or at the request of the court, except
that consent or leave shall not be required when the brief is
presented by the United States or an officer or agency thereof,
or by a State, Territory or Commonwealth.  The brief may be
conditionally filed with the motion for leave.  A motion for
leave shall identify the interest of the applicant and shall
state the reasons why a brief of an amicus curiae is desirable.
Save as all parties otherwise consent, any amicus curiae shall
file its brief within the time allowed the party whose position
as to affirmance or reversal the amicus brief will support unless
the court for cause shown shall grant leave for later filing, in
which event it shall specify within what period an opposing party
may answer.  A motion of an amicus curiae to participate in the
oral argument will be granted only for extraordinary reasons.

CIRCUIT RULE 29-1

REPLY BRIEF OF AN AMICUS CURIAE

 No reply brief of an amicus curiae will be received.


FRAP 30

 APPENDIX TO THE BRIEFS

 (a) Duty of appellant to prepare and file; content of
appendix; time for filing; number of copies.  The appellant shall
prepare and file an appendix to the briefs which shall contain:
(1) the relevant docket entries in the proceeding below; (2) any
relevant portions of the pleadings, charge, findings or opinion;
(3) the judgment, order or decision in question; and (4) any
other parts of the record to which the parties wish to direct the
particular attention of the court.  Except where they have
independent relevance, memoranda of law in the district court
should not be included in the appendix.  The fact that parts of
the record are not included in the appendix shall not prevent the
parties or the court from relying on such parts.

 Unless filing is to be deferred pursuant to the
provisions of subdivision (c) of this rule, the appellant shall
serve and file the appendix with the brief.  Ten copies of the
appendix shall be filed with the clerk, and 1 copy shall be
served on counsel for each party separately represented, unless
the court shall by rule or order direct the filing or service of
a lesser number.

 (b) Determination of contents of appendix; cost of
producing.  The parties are encouraged to agree as to the
contents of the appendix.  In the absence of agreement, the
appellant shall, not later than 10 days after the date on which
the record is filed, serve on the appellee a designation of the
parts of the record which the appellant intends to include in the
appendix and a statement of the issues which the appellant
intends to present for review.  If the appellee deems it
necessary to direct the particular attention of the court to
parts of the record not designated by the appellant, the appellee
shall, within 10 days after receipt of the designation, serve
upon the appellant a designation of those parts.  The appellant
shall include in the appendix the parts thus designated with
respect to the appeal and any cross appeal.  In designating parts
of the record for inclusion in the appendix, the parties shall
have regard for the fact that the entire record is always
available to the court for reference and examination and shall
not engage in unnecessary designation.  The provisions of this
paragraph shall apply to cross appellants and cross appellees.

 Unless the parties otherwise agree, the cost of producing
the appendix shall initially be paid by the appellant, but if the
appellant considers that parts of the record designated by the
appellee for inclusion are unnecessary for the determination of
the issues presented the appellant may so advise the appellee and
the appellee shall advance the cost of including such parts.  The
cost of producing the appendix shall be taxed as costs in the
case, but if either party shall cause matters to be included in
the appendix unnecessarily the court may impose the cost of
producing such parts on the party.  Each circuit shall provide by
local rule for the imposition of sanctions against attorneys who
unreasonably and vexatiously increase the costs of litigation
through the inclusion of unnecessary material in the appendix.

 (c) Alternative method of designating contents of the
appendix; how references to the record may be made in the briefs
when an alternative method is used.  If the court shall so
provide by rule for classes of cases or by order in specific
cases, preparation of the appendix may be deferred until after
the briefs have been filed, and the appendix may be filed 21 days
after service of the brief of the appellee.  If the preparation
and filing of the appendix is thus deferred, the provisions of
subdivision (b) of this Rule 30 shall apply, except that the
designations referred to therein shall be made by each party at
the time each brief is served, and a statement of the issues
presented shall be unnecessary.

 If the deferred appendix authorized by this subdivision
is employed, references in the briefs to the record may be to the
pages of the parts of the record involved, in which event the
original paging of each part of the record shall be indicated in
the appendix by placing in brackets the number of each page at
the place in the appendix where that page begins.  Or if a party
desires to refer in a brief directly to pages of the appendix,
that party may serve and file typewritten or page proof copies of
the brief within the time required by Rule 31(a), with
appropriate references to the pages of the parts of the record
involved.  In that event, within 14 days after the appendix is
filed the party shall serve and file copies of the brief in the
form prescribed by Rule 32(a) containing references to the pages
of the appendix in place of or in addition to the initial
references to the pages of the parts of the record involved.  No
other changes may be made in the brief as initially served and
filed, except that typographical errors may be corrected.

 (d) Arrangement of the appendix.  At the beginning of the
appendix there shall be inserted a list of the parts of the
record which it contains, in the order in which the parts are set
out therein, with references to the pages of the appendix at
which each part begins.  The relevant docket entries shall be set
out following the list of contents.  Thereafter, other parts of
the record shall be set out in chronological order.  When matter
contained in the reporter's transcript of proceedings is set out
in the appendix, the page of the transcript at which such matter
may be found shall be indicated in brackets immediately before
the matter which is set out.  Omissions in the text of papers or
of the transcript must be indicated by asterisks.  Immaterial
formal matters (captions, subscriptions, acknowledgments, etc.)
shall be omitted.  A question and its answer may be contained in
a single paragraph.

 (e) Reproduction of exhibits.  Exhibits designated for
inclusion in the appendix may be contained in a separate volume,
or volumes, suitably indexed.  Four copies thereof shall be filed
with the appendix and 1 copy shall be served on counsel for each
party separately represented.  The transcript of a proceeding
before an administrative agency, board, commission or officer
used in an action in the district court shall be regarded as an
exhibit for the purpose of this subdivision.

 (f) Hearing of appeals on the original record without the
necessity of an appendix.  A court of appeals may by rule
applicable to all cases, or to classes of cases, or by order in
specific cases, dispense with the requirement of an appendix and
permit appeals to be heard on the original record, with such
copies of the record or relevant parts thereof, as the court may
require.

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff.
July 1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991.)

CIRCUIT RULE 30-1

 THE EXCERPTS OF RECORD

 Appeals before the Court of Appeals shall be on the
original record without requirement of the appendix prescribed by
FRAP 30.  Excerpts of record, in cases other than petitions for
review or enforcement of agency orders, shall be filed as
provided below.  Cases involving petitions for review or
enforcement of agency orders are governed by Circuit Rule 17-2.

30-1.1 Filing of the Excerpts of Record At the time the
appellant's brief is filed, the appellant shall file 5 copies of
excerpts of record bound separately from the briefs.  The
appellant shall serve 1 copy of the excerpts on each of the other
parties.

30-1.2 Required Contents of the Excerpts of Record

 (a)  In all appeals the excerpts of record shall include:

(i) the notice of appeal;

(ii) the trial court docket sheet;
(iii) the judgment or interlocutory order appealed from;

(iv) any opinion, findings of fact or conclusions of law relating
to the judgment or order appealed from;

(v) any other orders or rulings, including minute orders, sought
to be reviewed;

(vi) any jury instruction given or refused which presents an
issue on appeal;

(vii) except as provided in Circuit Rule 30-1.2(b)(ii), where an
issue on appeal is based upon a challenge to the admission or
exclusion of evidence, that specific portion of the reporter's
transcript recording any discussion by court or counsel involving
the evidence, offer of proof, ruling or order, and objections at
issue;

(viii) except as provided in Circuit Rule 30-1.2(b)(ii), where an
issue on appeal is based upon a challenge to any other ruling,
order, finding of fact, or conclusion of law, and that ruling,
order, finding or conclusion was delivered orally, that specific
portion of the reporter's transcript recording any discussion by
court or counsel in which the assignment of error is alleged to
rest;

(ix) where an issue on appeal is based upon a challenge to the
allowance or rejection of jury instructions, that specific
portion of the reporter's transcript recording any discussion by
court or counsel involving the instructions at issue, including
the ruling or order, and objections;

(x) where an issue on appeal is based on written exhibits
(including affidavits), those specific portions of the exhibits
necessary to resolve the issue; and

(xi) any other specific portions of any documents in the record
that are cited in appellant's briefs and necessary to the
resolution of an issue on appeal.

 (b) In addition to the items required by Circuit Rule 30-
1.2(a), in all criminal appeals and motions for relief under 28
U. S. C.  2255 the excerpts of record shall also include:

 (i) the final indictment; and

 (ii) where an issue on appeal concerns matters raised at
a suppression hearing, change of plea hearing or sentencing
hearing, the entire reporter's transcript of that hearing.

Cross Reference:  Cir. R. 30-1.7, Presentence Reports.

 (c) In addition to the items required by Circuit Rule 30-
1.2(a), in all civil appeals the excerpts of record shall also
include:

 (i) the final pretrial order, or, if the final pretrial
order does not set out the issues to be tried, the final
complaint and answer, petition and response, or other pleadings
setting out those issues, and;

 (ii) where the appeal is from the grant or denial of a
motion, those specific portions of any affidaits, declarations,
exhibits or similar attachments submitted in support of or in
opposition to the motion that are essential to the resolution of
an issue on appeal.

 (d) In appeals from a district court decision reviewing
agency actions, the excerpts of record shall include the items
required by Circuit Rule 17-2.

Cross Reference:  Circuit Rule 28-2.5, Reviewability and Standard
of Review.

 30-1.3 Items Not to Be Included in the Excerpts of Record

 The excerpts of record shall not include briefs or other
memoranda of law filed in the district court unless necessary to
the resolution of an issue on appeal, and shall include only
those pages necessary therefor.

Cross Reference:  Circuit Rule 30-2, Sanctions.

 30-1.4 Form of the Excerpts of Record

 The documents which comprise the excerpts of record need
not be certified as true copies, but if possible the district
court's "filed" stamp should appear on each document.  The
documents in the excerpts should be arranged by file date in
chronological order with the document with the earliest file date
on top.  The document with the earliest file date should appear
under the first tab or should be paginated beginning with page 1.
The trial court docket sheet should always be the last document
in the excerpts.  The 5 copies of the excerpts are to be
reproduced on letter size white paper by any duplicating or
copying process capable of producing a clear black image, and
each copy must be securely bound at the top or on the left side
and must have a tan cover styled as described in FRAP 32(a).  The
excerpts must be either paginated or the documents marked with
tabs corresponding to the tab number, if any, of the documents in
the clerk's record.  The excerpts must begin with an index
organized chronologically describing the documents, exhibits and
portions of the reporter's transcript contained therein and the
page or tab number where they may be found in the excerpts.  The
information on the front cover of the excerpts of record should
be styled exactly as a brief except that the wording "Excerpts of
Record" should be substituted for "Brief of Appellant." In those
unusual cases in which the total number of pages in the excerpts
exceeds 300 pages, the excerpts shall be filed in multiple
volumes, with each volume containing 300 pages or fewer.

30-1.5 Appellee's Supplemental Excerpts of Record

 If the appellee believes that the excerpts of record
filed by the appellant exclude items which are required under
this rule, or if argument in the answering brief requires review
of portions of the reporter's transcript or documents not
included by appellant in the excerpts, the appellee shall, at the
time of the appellee's brief is filed, file supplemental excerpts
of record, prepared pursuant to this rule, comprised of the
omitted items.  Appellee shall file 5 copies of the supplemental
excerpts.  The appellee shall serve 1 copy of the supplemental
excerpts of record on each of the other parties.

 30-1.6 Additional Copies of the Excerpts of
Record

 Should the Court of Appeals consider a case en banc, the
clerk of the Court of Appeals will require counsel to submit an
additional 20 copies of the excerpts of record.

 30-1.7 Presentence Reports

 In all cases in which the presentence report is
referenced in the brief, the party filing such brief must forward
four (4) copies of the presentence report, under seal, to the
Clerk of the Court of Appeals.  This filing shall be accomplished
by mailing the four copies of the presentence report in a sealed
envelope which reflects the title and number of the cases and
that four copies of the presentence report are enclosed.  The
copies of the presentence report shall accompany the brief and
excerpts of record.  The presentence report shall remain under
seal but be provided by the Clerk to the panel hearing the case.

CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 30-1

 The purpose of the excerpts of record is to provide each
member of the panel with those portions of the record necessary
to reach a decision.  In general, decisions will be rendered
without review of parts of the record not contained in the
excerpts and not specifically relied upon in the briefs of the
parties.  Therefore, parties should ensure that those parts of
the record necessary to permit an informed analysis of their
position are included in the excerpts.  Nevertheless, in reaching
its decision, the court may, but need not, rely on parts of the
record not included by the parties in their excerpts.

CIRCUIT RULE 30-2

SANCTIONS FOR FAILURE TO COMPLY WITH CIRCUIT RULE 30-1

 If materials required to be included in the excerpts
under these rules are omitted, or irrelevant materials are
included, the court may take one or more of the following
actions:

 (a) strike the excerpts and order that they be corrected
and resubmitted;

 (b) order that the excerpts be supplemented;

 (c) if the court concludes that a party or attorney has
vexatiously or unreasonably increased the cost of litigation by
inclusion of irrelevant materials, deny that portion of the costs
the court deems to be excessive; and/or

 (d) impose monetary sanctions.

Counsel will be provided notice and have an opportunity to
respond before sanctions are imposed.

CIRCUIT RULE 30-3

PRISONER APPEALS WITHOUT
REPRESENTATION BY COUNSEL

 In cases involving appeals by prisoners not represented
by counsel, the clerk of the district court shall forward to the
prisoner and to the clerk of this Court, within 21 days after the
date the notice of appeal is filed, copies of the documents to
comprise the excerpts of record.


FRAP 31

 FILING AND SERVICE OF BRIEFS

 (a) Time for serving and filing briefs.  The appellant
shall serve and file a brief within 40 days after the date on
which the record is filed.  The appellee shall serve and file a
brief within 30 days after service of the brief of the appellant.
The appellant may serve and file a reply brief within 14 days
after service of the brief of the appellee, but, except for good
cause shown, a reply brief must be filed at least 3 days before
argument.  If a court of appeals is prepared to consider cases on
the merits promptly after briefs are filed, and its practice is
to do so, it may shorten the periods prescribed above for serving
and filing briefs, either by rule for all cases or for classes of
cases, or by order for specific cases.

 (b) Number of copies to be filed and served.  Twenty-five
copies of each brief shall be filed with the clerk, unless the
court by order in a particular case shall direct a lesser number,
and 2 copies shall be served on counsel for each party separately
represented.  If a party is allowed to file typewritten ribbon
and carbon copies of the brief, the original and 3 legible copies
shall be filed with the clerk, and 1 copy shall be served on
counsel for each party separately represented.

 (c) Consequence of failure to file briefs.  If an
appellant fails to file a brief within the time provided by this
rule, or within the time as extended, an appellee may move for
dismissal of the appeal.  If an appellee fails to file a brief,
the appellee will not be heard at oral argument except by
permission of the court.

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff.
July 1, 1986.)

CIRCUIT RULE 31-1

 NUMBER OF BRIEFS

 In lieu of the 25 copies required by FRAP 31(b), an
original and 15 copies of each brief shall be filed.  If a
suggestion for hearing or rehearing en banc is granted, each
party shall file 20 additional copies of its briefs.  The
appellant shall also file 20 additional copies of the excerpts of
record.

 Any party proceeding in forma pauperis and not
represented by counsel, shall file only an original and 7 copies
of briefs.

CIRCUIT RULE 31-2

TIME FOR SERVICE AND FILING

 31-2.1 Requirement of Timely Filing

 (a) Parties shall observe the briefing schedule set forth
in FRAP 31(a) unless a briefing schedule is established by an
order of the Court of Appeals.  Specific due dates set by Court
order are not subject to the additional 3-day allowance for
service of previous papers by mail set forth in FRAP 26(c).

 (b)  In cases controlled by FRAP 31(a), the appellant is
responsible for determining the date on which the certificate of
record is filed with the Court of Appeals and for computing the
due date for the opening brief.

 (c) In all cases, first class mail shall be deemed to be
the most expeditious form of delivery by mail.  (See FRAP 25(a).)

 31-2.2 Rule for Criminal Cases

 In criminal cases, the briefing schedule will normally be
set by the district court clerk.  In such cases, the filing of
the appellant's brief before the due date shall not advance the
due date for the appellee's brief.  If a briefing schedule is not
set by the district court clerk, the parties shall follow the
time schedule set forth in FRAP 31.

 31-2.3 Extensions of Time for Filing Briefs

 (a) If good cause is shown, the clerk or a designated
deputy may grant an oral request for a single extension of time
of no more than 14 days to file an opening, answering or reply
brief.  Such extensions may be applied for and granted or denied
by telephone.  The grant or denial of the extension shall be
entered on the court docket.  Application for such an extension
shall be conditioned upon prior notice to the opposing party.
The grant of an extension of time under this rule will bar any
further motion to extend the brief's due date unless such motion,
which must be in writing, demonstrates extraordinary and
compelling circumstances.  The previous filing of a motion under
Rule 31-2.3(b) precludes an application for an extension of time
under this subsection.

 (b) In all other cases, an extension of time may be
granted only upon written motion supported by a showing of
diligence and substantial need.

 The motion shall be filed at least 7 days before the
expiration of the time prescribed for filing the brief, and shall
be accompanied by an affidavit stating:

 (1) when the brief is due;

 (2) when the brief was first due;

 (3) the length of the requested extension;

 (4) the reason an extension is necessary;

 (5) movant's representation that movant has exercised
diligence and that the brief will be filed within the time
requested; and

 (6) whether any other party separately represented
objects to the request, or why the moving party has been unable
to determine any such party's position.

A conclusory statement as to the press of business does not
constitute a showing of diligence and substantial need.  Any
request exceeding 21 days must be supported by showing of
extraordinary and compelling circumstances.

 31-2.4 Failure to File Briefs

 If the appellant fails to file a brief within the time
allowed by FRAP 31(a) or an extension thereof, the court will
dismiss the appeal pursuant to FRAP 31(c).  If appellee does not
elect to file a brief, appellee shall notify the court by letter
on or before the due date for the answering brief.  Failure to
file the brief timely or advise the court that no brief will be
filed will result in the issuance of an order to show cause to
counsel why sanctions should not be imposed.

Cross Reference:  Circuit Rule 33-1, Civil Appeals Docketing
Statement; Prebriefing Conference Program.