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- EMERGENCY
- COURT OF APPEALS
- OF THE
- UNITED STATES
-
-
-
- Rule 1. Scope of Rules
-
- These Rules govern the procedure in the Temporary Emergency Court
- of Appeals of the United States. Except as to matters
- specifically covered by these Rules, the Federal Rules of
- Appellate Procedure shall govern the procedure in all cases or
- proceedings in this court. The Rules shall be construed to
- secure the just, speedy and inexpensive determination of every
- action.
-
- Rule 2. Effective Date
-
- These Rules shall before effective and govern the course of all
- appeals as of February 2, 1976. Upon appropriate showing of
- hardship in cases pending at the time of adoption of these Rules
- the court will grant such relief as may be warranted.
-
- Rule 3. Name
-
- The name of the court as provided by s. 211 of the Economic
- Stabilization Act of 1970 as amended by The Economic
- Stabilization Act Amendments of 1971, P.L. 92-210, 85 Stat.
- 748-750, is the "Temporary Emergency Court of Appeals of the
- United States."
-
- Rule 4. Seal
-
- The seal of the court shall contain the words "Temporary
- Emergency Court of Appeals" in the upper sector of space included
- within the two outer concentric circles, and the words "of the
- United States of America" in the lower sector, and shall contain
- the standardized eagle rampant in the center.
-
- Rule 5. Court Executive, Administrator, Deputy Clerks and
- Supporting Personnel
-
- The court may appoint an administrator who shall also be clerk
- and who shall be subject to removal by the court. His official
- station shall be at the United States Courthouse, Washington,
- D.C. 20001. The clerk and his deputies shall take the oath of
- office of clerks and deputies as set forth by 28 U.S.C. s. 951,
- and shall be subject to all of the provisions of Title 28, United
- States Code, Chapter 57. For their general duties see Rule 45 of
- the Federal Rules of Appellate Procedure, which is hereby made
- applicable. Such deputy clerks and supporting personnel other
- than a judge's personal staff may be appointed by the Chief Judge
- at such times and places as the volume of court business
- requires.
-
-
- Rule 6. Composition of Court
-
- The court shall be composed of a Chief Judge and other judges
- designated by the Chief Justice of the United States from the
- judges of the United States district courts and the United States
- courts of appeals in accordance with s. 211(b)(1) of P.L. 92-210.
-
- Rule 7. Divisions
-
- The Chief Judge may, from time to time, divide the court into
- divisions of three or more members for the hearing and
- determination of cases, controversies and issues and may make
- such changes in the membership of such divisions as he may deem
- appropriate. Sessions shall be held at such places and times as
- the Chief Judge or presiding judge of a panel may designate. The
- Chief Judge shall assign cases to the divisions on an equitable
- basis having due regard for the geographical locations of the
- parties and the workloads of the divisions and individual judges
- thereof. Cases, controversies and issues shall be heard and
- determined by a division unless a hearing or rehearing before the
- court en banc is ordered by the court.
-
- Rule 8. Quorum
-
- A majority of the number of judges authorized to constitute a
- division of the court shall constitute a quorum for such
- division.
-
- (b) Not less than five members of the court shall be required to
- constitute a quorum for the court sitting en banc.
-
- (c) If a quorum does not attend on any day appointed for holding
- a session of the court or a division thereof, any judge who does
- attend may adjourn the court or division from time to time, or,
- in the absence of any judge, the clerk may adjourn the court or
- division from day to day.
-
- Rule 9. Sessions
-
- The court shall not hold formal terms. The court shall be deemed
- always open.
-
- Rule 10. Precedence
-
- The Chief Judge shall have precedence and preside at any session
- which he attends. Other judges shall have precedence and
- president according to the seniority of their commissions as
- judges of the United States.
-
- Rule 11. Judicial Conference of TECA
-
- There shall be held at such times and places as shall be
- designated by the Chief Judge of TECA a conference of all TECA
- judges for the purposes of considering the state of business of
- the court and advising ways and means of improving the
- administration of justice. The Chief Judge shall preside at the
- Conference.
-
- Rule 12. Office Hours
-
- The clerk's office shall be open from 9:00 a.m. to 4:30 p.m. on
- all business days.
-
- Rule 13. Attorneys
-
- (a) Admission to the bar of this court shall be governed by the
- provisions of Rule 46, Federal Rules of Appellate Procedure,
- except as hereinafter set out.
-
- (b) Prior to participation in a case, all attorneys shall file a
- written application for admission on a form provided by the
- clerk. Motions for admissions in open court will not be
- entertained.
-
- (c) Attorneys can be admitted to argue on appeal pro hac vice.
-
- (d) Suspension or disbarment shall be governed by Rule 46(b),
- Federal Rules of Appellate Procedure.
-
- Rule 14. Clerk's Fees
-
- The fees of the clerk are as follows:
-
- (a) For docketing a case on appeal or review, or docketing any
- other proceeding, $100.00.
-
- b) For every search of the records of the court and certifying
- the results of the same, $15.00.
-
- (c) For certifying any document or paper, whether the
- certification is made directly on the document, or by separate
- instrument, $5.00.
-
- (d) For making a typed copy of any record or paper, $1.00 per
- page of 250 words or fraction thereof. For reproducing any
- record or paper (by any means other than retyping), 50 cents per
- page. These fees do not include certification.
-
- (e) For comparing with the original thereof any copy of any
- transcript of record, entry, record or paper, when such copy is
- furnished by any person requesting certification, $1.00 per page
- or fraction thereof. This fee is in addition to the fee for
- certification.
-
- (f) For each printed copy of any opinion, such copy to include
- all separate and dissenting opinions in a single case, regardless
- of whether such copy be certified or uncertified, the sum of
- $2.00 provided that such charge shall not be assessed for copies
- of opinions furnished each party of record according to the
- court's direction or to governmental offices and agencies.
-
- (Amended May 1, 1987.)
-
- Rule 15. Notice of Appeal
-
- (a) A notice of appeal in any civil or criminal case arising
- under the Economic Stabilization Act of 1970 as amended; or under
- further legislation incorporating s. 211 of the Economic
- Stabilization Act as amended; or a motion for injunctive relief
- as provided by s. 211(e)(2), shall be filed with the clerk of
- this court within 30 days of the entry of judgment by the
- district court. This time limitation shall be binding upon both
- government appeals and private appeals. The appellant shall
- submit sufficient copies of the notice of appeal for service by
- the clerk of this court on all parties. [note TECA Rule 21, for
- timely filing by mail.]
-
- /* Usually the notice of appeal is filed with the lower Court. */
-
- (b) The notice of appeal shall specify the party or parties
- taking the appeal; contain a short statement indicating the
- judgment, date and purport of the district court's judgment,
- order or part thereof appealed from, and the district court
- judge.
-
- (c) The appellant shall submit with his notice of appeal a
- statement which shall contain:
-
- 1) A mailing list with the names, addresses and telephone
- numbers of all other counsel or Pro Se to the proceeding.
-
- 2) A brief description of the subject matter and issues of
- the case, including the applicable regulations and statute under
- which the appeal is made.
-
- 3) An indication if a party is proceeding in Forma Pauperis
- and/or Pro Se.
-
- 4) An indication if an appeal has been taken in this case to
- any other court of appeals.
-
- 5) Transcript information if one is to be provided [date
- ordered, reporter's name, estimated pages].
-
- (d) The clerk of this court shall serve notice of the filing
- of the notice of appeal by mailing a copy thereof to each counsel
- or Pro se listed on the mailing list. The clerk shall note on
- each copy served the date on which the notice of appeal was
- filed. Failure of the clerk to serve the notice of appeal shall
- not affect the validity of the appeal. Service shall be
- sufficient notwithstanding the death of a party or his counsel.
- The clerk shall note on the docket the name of the parties to
- whom he mails copies with date of mailing.
-
- (e) All parties in the court below shall be deemed parties
- involved in the appeal, unless otherwise indicated by the
- appellant in writing to the clerk of this court. The clerk shall
- serve such notice on all parties for reply or rebuttal.
-
-
- Rule 16. Question Certified by District Court -- Constitutional
- Issues
-
- (a) When a district court certifies to this court a question
- involving a substantial constitutional issue, the certificate
- shall contain a statement of the nature of the cause and of the
- facts on which such issue arises. The certificate shall
- constitute (be in lieu of) a notice of appeal.
-
- (b) When a constitutional issue is certified by a district court
- the clerk will upon receipt thereof from the district court
- notify the plaintiff in the district court, who shall promptly
- pay the docket fee, after which the case will be placed on the
- docket. If the plaintiff fails to pay the fee within 7 days,
- unless exempt or relieved from its payment, the proceeding will
- be dismissed.
-
- (c) After docketing, the certificate shall be submitted to the
- Chief Judge for disposition pursuant to Rule 24 and s. 211(c) of
- P.L. 92-210 for a preliminary examination to determine whether
- the certificate will be dismissed, or whether other disposition
- shall be made.
-
- (d) The brief of the party who was plaintiff below shall be filed
- within 20 days after the certificate has been filed in this
- court.
-
- (e) Briefs on the merits in proceedings on certificates shall
- comply with Rule 21 herein.
-
- Rule 17. Docketing the Appeal
-
- Upon receipt of the notice of appeal the clerk shall enter the
- appeal upon the docket. Except in those cases where the party
- seeking review is exempt or relieved from prepayment of the fees
- the appellant shall pay at the time of filing the notice of
- appeal or no later than 7 days after the filing of the notice of
- appeal a docket fee of $100.00.
-
- Rule 18. Record on Appeal
-
- (a) The composition of the record on appeal shall be as provided
- by Rule 10(a), Federal Rules of Appellate Procedure.
-
- (b) The original record on appeal shall be retained in the
- district court, subject to the right of any party to request, or
- a judge or the clerk to direct that all or designated parts of
- the record be transmitted.
-
- (c) The clerk shall request that a certified copy of the docket
- entries be transmitted within 20 days after the notice of appeal
- is filed.
-
- (d) Within 3 days after filing the notice of appeal, the
- appellant shall order from the reporter a transcript of such
- parts of the proceedings not already on file as he deems
- necessary for inclusion in the record and make satisfactory
- arrangements with the reporter for payment of the cost of the
- transcript.
-
- In appeals taken pursuant to 28 U.S.C. s. 1915 and 18 U.S.C. s.
- 3006A the appellant shall take appropriate action to obtain
- authorization to have the necessary parts of the reporter's
- transcript prepared at the expense of the United States within
- the time allowed for filing the notice of appeal.
-
- Rule 19. Transmission of Record -- Duty of Appellant
-
- (a) The appellant shall file 7 copies of the record or stipulated
- record as may be designated or agreed upon within the time
- allowed for filing the appellant's brief. An index shall be
- provided for all records filed.
-
- (b) It shall be the responsibility of the parties, within the
- time periods incorporated in these rules and Rule 30(b), Federal
- Rules of Appellate Procedure, to agree upon and provide for the
- submission of the agreed parts of the record.
-
- Rule 20. Disqualification of Judges
-
- If, based upon any information available to him, counsel for any
- party is of the opinion that any member of the panel of this
- court to which his case is assigned is disqualified pursuant to
- 28 U.S.C. s. 455 (P.L. 93-512, 88 Stat. 1609, December 5, 1974),
- he shall, prior to the calendaring of the case for oral argument,
- advise the clerk in writing of the facts and circumstances
- supporting such opinion.
-
- Rule 21. Briefs and Certificate of Counsel
-
- (a) Briefs, except as herein provided, shall be prepared in
- accordance with the provisions of Rule 28, Federal Rules of
- Appellate Procedure.
-
- (b) The procedure described in Rule 30(f), Federal Rules of
- Appellate Procedure, for hearing appeals on the original record
- without the necessity of an appendix is authorized in all
- appeals.
-
- (c) A certificate will be furnished by counsel for all private
- (non-governmental) parties, both appellants and appellees, which
- shall be incorporated on the first page(s) of each brief before
- the table of contents or index, and which shall certify a full
- and complete list of all parties; officers, directors, or
- trustees of parties; and of all other persons, associations of
- persons, firms, partnerships, corporations, or organizations
- which have a financial interest in, or another interest which
- could be substantially affected by, the outcome of the particular
- case.
-
- This certificate shall be furnished in order that the judges of
- this court may evaluate possible disqualification or recusal. It
- shall be in form as follows:
-
- [Number and Title of Case]
- Certificate Required by TECA Rule 21(c):
-
- The undersigned, Counsel of record for ___________, certifies
- that the following is a full and complete list of the parties in
- this action:
-
- Name Identification & Relationship
-
- The undersigned further certifies that the following is a full
- and complete list of officers, directors, or trustees of the
- above-identified parties:
-
- Name Identification, Relationship and Interests
-
- (d) A certificate will be furnished by counsel for all parties,
- governmental and non-governmental, both appellants and appellees,
- which shall be incorporated on the first page(s) of each brief
- before the table of contents or index (and immediately following
- the certificate required by Rule 21(c), if one be required), and
- which shall certify a full and complete list of each person
- acting as a lawyer in the proceeding.
-
- The certificate shall be furnished in order that the judges of
- this court may evaluate possible disqualification or recusal. It
- shall be in form as follows:
-
- Certificate Required by TECA Rule 21(d):
-
- The undersigned, counsel of record for _______ certifies that the
- following is a full and complete list of each person acting as a
- lawyer in the proceeding:
-
- Name Identification
-
- (e) The appellant shall serve and file his brief within 20 days
- after the date on which the notice of appeal is filed. The
- appellee shall serve and file his brief within 15 days after
- service of the brief of the appellant. The appellant may serve
- and file a reply brief within 7 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.
-
- /* Perhaps the shortest time period for filing a brief in
- appellate courts. */
-
- (f) Seven copies of briefs shall be filed, but the court may
- require that additional copies be filed.
-
- (g) Except by permission of the court or a division thereof,
- principal briefs, including those of intervenors, shall not
- exceed 25 pages, exclusive of pages containing the Certificate,
- Table of Contents, Tables of Citations and any Addenda or
- Appendices containing statutes, rules, regulations or exhibits.
-
- (h) Motions for leave to file briefs in excess of 25 pages must
- be filed at least 3 days in advance of the due date of the brief.
-
- (i) Reply briefs shall not exceed 15 pages.
-
- (j) Briefs shall contain the relevant parts of statutes,
- treaties, regulations or rules involved. If lengthy, these may
- be set out in an Addendum to the brief. Unpublished orders
- including explanatory memoranda of this court are not to be cited
- in briefs or memoranda of counsel as precedents.
-
- (k) When pertinent and significant authorities come to the
- attention of a party after his brief (or memorandum on a motion)
- has been filed, or after oral argument but before decision, a
- party shall, without obtaining special leave of court, supplement
- his brief by letter to the clerk of this court, three (3) extra
- copies to the clerk, and copy to adversary counsel, setting forth
- the citations. There shall be a reference either to a page of
- the brief or to a point orally argued to which the citations
- pertain, but the letter shall contain no argument or
- explanations.
-
- Rule 22. Reproduction of Record, Briefs and Other Written
- Materials Filed
-
- Printing of the record, briefs or any other papers filed in the
- court is not required. Papers and briefs may be typewritten, on
- standard 8 1/2 x 11 size paper, with copies reproduced by any
- method resulting in clearly readable copy. All written material
- shall be double spaced. Briefs shall be bound in soft covers:
- blue for appellant; red for appellee; green for intervenor or
- amicus curiae; gray for reply briefs and fastened at the left
- side at three places.
-
- Rule 23. Filing, Mailing and Proof of Service
-
- (a) Papers required or permitted to be filed in this court shall
- be filed with the clerk of this court in his office in
- Washington, D.C. or as directed.
-
- (b) Filing may be accomplished by mail addressed to the clerk,
- but filing shall not be timely, unless the papers are received by
- the clerk within the time fixed for filing, except that papers
- shall be deemed filed on the day of mailing if the most
- expeditious form of delivery by mail is utilized. Service by
- mail is complete on mailing.
-
- /* This is different that the general rules within federal
- appeals that the briefs are deemed filed when mailed by first
- class mail. */
-
- (c) Papers presented for filing shall contain an acknowledgment
- or proof of service which shall be accomplished in the manner
- provided in Rule 25(d), Federal Rules of Appellate Procedure.
- Service shall be accomplished by the most expeditious method
- practicable.
-
- Rule 24. Docket Control
-
- In the interest of docket control, the Chief Judge or another
- judge or judges designated by him may from time to time review
- pending cases for appropriate assignment or disposition under
- Rules 25, 26, or 27 or any other Rules of this court.
-
- Rule 25. Dismissal
-
- (a) If upon the hearing of an interlocutory motion or as a result
- of a review under Rule 24, it shall appear to the court, or a
- division thereof, that the appeal is frivolous and entirely
- without merit, the appeal will be dismissed.
-
- (b) The court, sua sponte or on motion, may dismiss with
- prejudice, for undue delay, any case in which there has been a
- deliberate effort on the part of counsel to avoid prompt hearing
- and disposition on the merits.
-
- (c) The court also may dismiss sua sponte and summarily any
- appeal of which the court's lack of jurisdiction clearly appears.
-
- (d) When an appellant fails to comply with a requirement of the
- Federal Rules of Appellate Procedure or the Rules of this court,
- the clerk shall notify the appellant or his counsel that upon the
- expiration of 7 days from the date thereof the appeal will be
- dismissed for want of prosecution, unless prior to that date
- appellant remedies the default. If the appellant fails to comply
- within the 7 day period, the clerk shall then enter an order
- dismissing the appeal for want of prosecution and shall issue a
- certified copy thereof to the clerk of the district court as and
- for the mandate. In no case shall the appellant be entitled to
- remedy his default after dismissal under this rule, unless by
- order of the Chief Judge.
-
- Rule 26. Motion to Dismiss or Affirm
-
- (a) Within a maximum of 10 days after the notice of appeal has
- been filed in this court, the appellee may file a motion to
- dismiss or a motion to affirm. Where appropriate, a motion to
- affirm may be united in the alternative with a motion to dismiss.
- The limitation of 10 days may be extended by the court, a
- division thereof, or the Chief Judge on proper showing of
- extraordinary reasons for delay in filing a motion to dismiss or
- affirm, upon such terms and conditions as may be prescribed, or
- such extension may be granted sua sponte.
-
- (b) The motion to dismiss or affirm shall be filed with the clerk
- in conformity with Rule 27 of the Federal Rules of Appellate
- Procedure, except clause (d) thereof.
-
- (c) The appellant shall have 7 days from the date of receipt of
- the motion to dismiss or affirm within which to file a response
- opposing the motion.
-
- (d) The time for filing briefs pursuant to Rule 21 shall not be
- tolled or extended by the filing of a motion to dismiss or
- affirm.
-
- /* The general rule is that motions do toll the time for further
- actions. Again, this court is quite different. */
-
- Rule 27. Calendars
-
- (a) Whenever the Chief Judge concludes sua sponte, or on the
- recommendation of a judge acting under Rule 24 or of the assigned
- panel, that a case is so insubstantial as to justify only limited
- oral argument or as to justify no oral argument he may direct the
- clerk to place the case on a restricted oral argument calendar or
- a summary calendar.
-
- (b) The clerk shall give written notice to the parties or their
- counsel of the transfer of a case to the summary or restricted
- oral argument calendar.
-
- (c) Motions for restoration to the argument calendar will not
- ordinarily be entertained by the court.
-
- Rule 28. Oral Argument
-
- (a) Not more than two counsel shall be heard for each side in the
- argument of a case, except by special leave of the court or a
- division thereof, upon sufficient reason shown. Not more than one
- counsel shall be heard for each side in cases placed on the
- restricted oral argument calendar.
-
- (b) Counsel in all cases scheduled for argument on the merits
- shall be allotted 30 minutes to a side, except that only 15
- minutes to a side shall be allotted to cases placed on the
- restricted oral argument calendar and to motions scheduled for
- argument.
-
- (c) A motion or request for the allowance of additional time
- pursuant to Rule 34(b), Federal Rules of Appellate Procedure,
- shall be filed or made not later than 7 days after appellee's
- brief has been filed.
-
- Where two or more cases are consolidated they shall be considered
- as one case for the allotment of time for argument.
-
- (d) Counsel for the parties, including counsel for any
- intervenor, on each side may agree on the appointment of the
- side's time; otherwise the court will apportion it. Counsel for
- an intervenor ordinarily shall be permitted to argue only to the
- extent that counsel for the party on whose side he intervenes is
- willing to share his allotted time. If the apportionment is
- agreed upon, counsel who opens the argument on his side shall
- announce the apportionment. The time so apportioned to each
- party shall not be exceeded unless the court permits, in which
- event the time apportioned to the other parties on that side will
- not be reduced.
-
- (e) A party who fails to file a brief shall not be heard at the
- time of oral argument except by permission of the court.
-
- (f) Amicus curiae will not be permitted to argue except on motion
- in writing filed within the time allowed for filing the brief of
- the appellee.
-
- (g) Counsel may assume there will be no oral argument unless
- advised by the clerk to appear at a time and place fixed by the
- court.
-
- Rule 29. Opinions and Rulings of the Court
-
- (a) Opinions shall be filed in the Office of the Clerk who shall
- promptly reproduce them and distribute one copy to each party.
-
- (b) In accordance with recommendations for improvement of
- judicial administration, this court may, while according full
- consideration of the issues, dispense with opinions where the
- issues occasion no need therefor, and confine its action to such
- abbreviated disposition as it may deem appropriate, e.g.,
- affirmance by order of a decision or judgment of a court or
- administrative agency; a judgment, or affirmance or reversal,
- containing a notation of precedents, or accompanied by a brief
- memorandum.
-
- (c) If the record in any case is remanded to a court or agency,
- this court retains jurisdiction over the case.
-
- If the case is remanded, this court does not retain jurisdiction,
- and a new notice of appeal will be necessary if a party seeks
- review of the remand proceedings.
-
- Rule 30. En Banc Proceedings
-
- (a) A majority of the judges of the court may order than an
- appeal or other proceeding be heard or reheard by this court en
- banc. Such a hearing or rehearing is not favored and ordinarily
- will not be ordered except (1) when consideration by the full
- court is necessary to secure or maintain uniformity of its
- decisions, or (2) when the proceeding involves a question of
- exceptional importance.
-
- (b) A party, pursuant to Rule 35(b), Federal Rules of Appellate
- Procedure, who suggests the appropriateness of hearing or
- rehearing, en banc, where the suggestion is not contained in a
- petition for rehearing, shall file an original and 10 copies of
- said suggestion on or before the date on which appellee's brief
- is due to be filed if the suggestion is for hearing en banc, or
- within the time prescribed by Rule 40, Federal Rules of Appellate
- Procedure, for the filing of a petition for rehearing if the
- suggestion is for rehearing en banc. The suggestion shall not
- exceed 10 pages in length and shall be served in compliance with
- TECA Rule 23 and Rule 25, Federal Rules of Appellate Procedure.
-
- (c) If a party desires to suggest a rehearing en banc, the
- suggestion must be made within the time prescribed by Rule 40,
- Federal Rules of Appellate Procedure, for filing a petition for
- rehearing, whether the suggestion is made in such petition or
- otherwise. The pendency of such a suggestion, whether or not
- included in a petition for rehearing, shall not affect the
- finality of the judgment of the court of appeals or stay the
- issuance of the mandate.
-
- (d) The clerk shall transmit a suggestion for hearing or
- rehearing en banc to the judges of the court but a vote will not
- be taken to determine whether the cause shall be heard or reheard
- en banc unless a judge of the court requests a vote on such a
- suggestion made by a party.
-
- (e) An original and eighteen copies of all en banc papers will be
- filed with the court.
-
- Rule 31. Mandate
-
- The mandate of the court shall issue 21 days after the entry of
- judgment unless the time is shortened or enlarged by order of a
- judge or the court. The issuance and stay of mandates shall be
- governed by Rules 35(c) and 41, Federal Rules of Appellate
- Procedure.
-
- Rule 32. Writ of Certiorari
-
- Section 211(G) of the Economic Stabilization Act, as amended,
- provides "Within 30 days after entry of any judgment or order by
- the Temporary Emergency Court of Appeals, a petition for a writ
- of certiorari may be filed in the Supreme Court of the United
- States."
-
- Rule 33. Motions
-
- (a) Motions will ordinarily be considered on motion papers and
- briefs filed with the clerk. An original and 6 copies of all
- motions shall be filed, but a judge or the clerk may require
- additional copies. No oral argument will be heard unless ordered
- by the court, a division thereof, or a judge thereof. Motions
- for oral argument will not be entertained.
-
- (b) A motion for a stay of the judgment or order of a district
- court pending appeal, pursuant to Rule 8(a), Federal Rules of
- Appellate Procedure, or for approval of a supersedeas bond, or
- for an order suspending, modifying, restoring, or granting an
- injunction during the pendency of an appeal shall include a copy
- of the judgment decision or order involved and the opinion
- thereon, if any.
-
- (c) If there is failure to comply with the provisions of
- subdivision (b) of this Rule, the court will not consider the
- motion in question until there is either full compliance, or a
- satisfactory explanation of the failure so to comply.
-
- (d) A motion is affirmatively opposed only when a document is
- filed (within the time limitations of Rule 27, Federal Rules of
- Appellate Procedure) which clearly sets forth opposition to the
- relief sought in the motion with points and authorities
- incorporated therein.
-
- (e) The clerk is authorized in his discretion and subject to
- review by the court to act for the court upon the following when
- uncontested:
-
- (1) Any motion for extension of time to file a pleading or
- perform an act required by Rules 11, 12, 24, 27, 29 and 30,
- Federal Rules of Appellate Procedure, and Rules 17, 19, 21, and
- 26 of these Rules.
-
- (2) Motions to make corrections on briefs or pleadings.
-
- (3) Motions to supplement or correct records or to incorporate
- records on former appeals.
-
- (4) Motions to consolidate appeals.
-
- (5) Motions for leave to file briefs or petitions for rehearing
- in excess of the number of pages usually permitted.
-
- (6) Motions for leave to file amicus curiae briefs.
-
- (7) Motions to substitute parties.
-
- (8) Orders for the dismissal of an appeal under 42(b), Federal
- Rules of Appellate Procedure or pursuant to an order of the court
- or a judge.
-
- (9) Order on mandate from the Supreme Court of the United States.
-
- (10) Orders and judgments on decisions by the court on motions
- and appeals. (See Rule 36 of the Federal Rules of Appellate
- Procedure.)
-
- (f) All correspondence directed to the court, a judge or the
- clerk's office requesting any type of judicial action shall be in
- the form of a motion unless otherwise provided.
-
-
-
- APPENDICES
-
- NOTICE OF APPEAL TO THE TEMPORARY EMERGENCY
- COURT OF APPEALS FROM A JUDGMENT OR ORDER
- OF A DISTRICT COURT
-
- Temporary Emergency Court of Appeals of the United States
-
- TECA Docket No.______________
- (To be assigned)
- District Court No.___________
-
- A.B., Plaintiff
-
- v.
-
- C.D., Defendant
-
- NOTICE OF APPEAL
-
-
- Notice is hereby given that C.D., defendant above named, hereby
- appeals to the Temporary Emergency Court of Appeals of the United
- States [from the final judgment or order (describing it)] entered
- in this action on the _____ day of __________, by Judge ________
- in the District Court for the ________ District of __________,
- 19__.
-
- (s)________________________________
-