DP Tool Club 8/CDASC08.ISO/VRAC/COURTRUL.ZIP/FRAP1XB.ASC

Text File | 1993-08-30 | 12.3 KB | 257 lines

#help.tut   PRESS ENTER FOR HELP
#frap.idx   Index to Federal Rules of Appellate Procedure
#frap1.sta FRAP 1-6
#frap1xa.sta FRAP 7-11
#frap2a.sta FRAP 25-28
#frap2b.sta FRAP 29-38
#frap2c.sta FRAP 39-46
#frap2d.sta  FRAP 47-48; appendix of forms
FRAP 12

 DOCKETING THE APPEAL; FILING OF THE RECORD

 (a) Docketing the appeal.  Upon receipt of the copy of
the notice of appeal and of the docket entries, transmitted by
the clerk of the district court pursuant to Rule 3(d), the clerk
of the court of appeals shall thereupon enter the appeal upon the
docket.  An appeal shall be docketed under the title given to the
action in the district court, with the appellant identified as
such, but if such title does not contain the name of the
appellant, the appellant's name, identified as appellant, shall
be added to the title.

 (b) Filing the record, partial record, or certificate.
Upon receipt of the record transmitted pursuant to Rule 11(b), or
the partial record transmitted pursuant to Rule 11(e), (f), or
(g), or the clerk's certificate under Rule 11(c), the clerk of
the court of appeals shall file it and shall immediately give
notice to all parties of the date on which it was filed.

 (c) [Dismissal for failure of appellant to cause timely
transmission or to docket appeal] [Abrogated]

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff.
July 1, 1986.)

FRAP 13
REVIEW OF DECISIONS OF THE TAX COURT

 (a) How obtained; time for filing notice of appeal. Review of a
decision of the United States Tax Court shall be obtained by
filing a notice of appeal with the Clerk of the Tax Court within
90 days after the decision of the Tax Court is entered. If a
timely notice of appeal is filed by one party, any other party
may take an appeal by filing a notice of appeal within 120 days
after the decision of the Tax Court is entered.

 The running of the time for appeal is terminated as to all
parties by a timely motion to vacate or revise a decision made
pursuant to the Rules of Practice of the Tax Court. The full time
for appeal commences to run and is to be computed from the entry
of an order disposing of such motion, or from the entry of
decision, whichever is later.

 (b) Notice of appeals- how filed. The notice of appeal may be
filed by deposit in the office of the Clerk of the Tax Court in
the District of Columbia or by mail addressed to the Clerk. If
notice is delivered to the Clerk by mail and is received after
expiration of the last day allowed for filing, the post mark date
shall be deemed to be the date of delivery, subject to the
provisions of Section 7502 of the Internal Revenue Code of 1954,
as amended, and the Regulations promulgated pursuant thereto.

 (c) Content of the notice of appeal; service of the notice;
effect of filing and service of a notice. The content of the
notice of appeal, the manner of its service and the effect of the
filing of the notice and of its service shall be as prescribed by
Rule 3. Form 2 in the Appendix of Forms is a suggested form of
the notice of appeal.

 (d) The record on appeal; transmission of the record; filing of
the record. The provisions Rules 10, 11 and 12 respecting the
record and time and manner of its transmission and filing and the
docketing of the appeal in the court of appeals in cases on
appeal district courts shall govern in cases on appeal from the
Tax Court. Each reference in those rules and in Rule 3 to the
district court and to the clerk of the district court shall be
read as a reference to the tax court and to the clerk of the Tax
Court respectively. If appeals are taken from a decision of the
Tax Court to more than court of appeals the original record shall
be transmitted to the court of appeal named in the first notice
of appeal filed. Provision for the record in any other appeal
shall be made upon appropriate application by  the appellant to
the court of appeals to which such other appeal is taken.

FRAP 14

APPLICABILITY OF OTHER RULES TO REVIEW
OF DECISIONS OF THE TAX COURT

 All provisions of these rules are applicable to review of
a decision of the Tax Court, except that Rules 4-9, Rules 15-20,
and Rules 22 and 23 are not applicable.


FRAP 15

REVIEW OR ENFORCEMENT OF AGENCY ORDERS - HOW OBTAINED;
INTERVENTION

 (a) Petition for review of order; joint petition.
Review of an order of an administrative agency, board, commission
or officer (hereinafter, the term "agency" shall include agency,
board, commission or officer) shall be obtained by filing with
the clerk of a court of appeals which is authorized to review
such order, within the time prescribed by law, a petition to
enjoin, set aside, suspend, modify or otherwise review, or a
notice of appeal, whichever form is indicated by the applicable
statute (hereinafter, the term "petition for review" shall
include a petition to enjoin, set aside, suspend, modify or
otherwise review, or a notice of appeal).  The petition shall
specify the parties seeking review and shall designate the
respondent and the order or part thereof to be reviewed.  Form 3
in the Appendix of Forms is a suggested form of a petition for
review.  In each case the agency shall be named respondent.  The
United States shall also be deemed a respondent if so required by
statute, even though not so designated in the petition.  If two
or more persons are entitled to petition the same court for
review of the same order and their interests are such as to make
joinder practicable, they may file a joint petition for review
and may thereafter proceed as a single petitioner.

 (b) Application for enforcement of order; answer;
default; cross- application for enforcement.  An application for
enforcement of an order of an agency shall be filed with the
clerk of a court of appeals which is authorized to enforce the
order.  The application shall contain a concise statement of the
proceedings in which the order was entered, the facts upon which
venue is based, and the relief prayed.  Within 20 days after the
application is filed, the respondent shall serve on the
petitioner and file with the clerk an answer to the application.
If the respondent fails to file an answer within such time,
judgment will be awarded for the relief prayed.  If a petition is
filed for review of an order which the court has jurisdiction to
enforce, the respondent may file a cross-application for
enforcement.

 (c) Service of petition or application.  A copy of a
petition for review or of an application or cross-application for
enforcement of an order shall be served by the clerk of the court
of appeals on each respondent in the manner prescribed by Rule
3(d), unless a different manner of service is prescribed by an
applicable statute.  At the time of filing, the petitioner shall
furnish the clerk with a copy of the petition or application for
each respondent.  At or before the time of filing a petition for
review, the petitioner shall serve a copy thereof on all parties
who shall have been admitted to participate in the proceedings
before the agency other than respondents to be served by the
clerk, and shall file with the clerk a list of those so served.


 (d) Intervention.  Unless an applicable statute provides
a different method of intervention, a person who desires to
intervene in a proceeding under this rule shall serve upon all
parties to the proceeding and file with the clerk of the court of
appeals a motion for leave to intervene.  The motion shall
contain a concise statement of the interest of the moving party
and the grounds upon which intervention is sought.  A motion for
leave to intervene or other notice of intervention authorized by
an applicable statute shall be filed within 30 days of the date
on which the petition for review is filed.

FRAP 15.1

BRIEFS AND ORAL ARGUMENT IN NATIONAL LABOR RELATIONS BOARD
PROCEEDINGS

 Each party adverse to the National Labor Relations Board
in an enforcement or a review proceeding shall proceed first on
briefing and at oral argument unless the court orders otherwise.

(As added Mar. 10, 1986, eff. July 1, 1986.)

FRAP 16

THE RECORD ON REVIEW OR ENFORCEMENT

 (a) Composition of the record.  The order sought to be
reviewed or enforced, the findings or report on which it is
based, and the pleadings, evidence and proceedings before the
agency shall constitute the record on review in proceedings to
review or enforce the order of an agency.

 (b) Omissions from or misstatements in the record.  If
anything material to any party is omitted from the record or is
misstated therein, the parties may at any time supply the
omission or correct the misstatement by stipulation, or the court
may at any time direct that the omission or misstatement be
corrected and, if necessary, that a supplemental record be
prepared and filed.

FRAP 17

 FILING OF THE RECORD

 (a) Agency to file; time for filing; notice of filing.
The agency shall file the record with the clerk of the court of
appeals within 40 days after service upon it of the petition for
review unless a different time is provided by the statute
authorizing review.  In enforcement proceedings the agency shall
file the record within 40 days after filing an application for
enforcement, but the record need not be filed unless the
respondent has filed an answer contesting enforcement of the
order, or unless the court otherwise orders.  The court may
shorten or extend the time above prescribed.  The clerk shall
give notice to all parties of the date on which the record is
filed.

 (b) Filing - What Constitutes.  The agency may file the
entire record or such parts thereof as the parties may designate
by stipulation filed with the agency.  The original papers in the
agency proceeding or certified copies thereof may be filed.
Instead of filing the record or designated parts thereof, the
agency may file a certified list of all documents, transcripts of
testimony, exhibits and other material comprising the record, or
a list of such parts thereof as the parties may designate,
adequately describing each, and the filing of the certified list
shall constitute filing of the record.  The parties may stipulate
that neither the record nor a certified list be filed with the
court.  The stipulation shall be filed with the clerk of the
court of appeals and the date of its filing shall be deemed the
date on which the record is filed.  If a certified list is filed,
or if the parties designate only parts of the record for filing
or stipulate that neither the record nor a certified list be
filed, the agency shall retain the record or parts thereof.  Upon
request of the court or the request of a party, the record or any
part thereof thus retained shall be transmitted to the court
notwithstanding any prior stipulation.  All parts of the record
retained by the agency shall be a part of the record on review
for all purposes.

FRAP 18

STAY PENDING REVIEW

 Application for a stay of a decision or order of an
agency pending direct review in the court of appeals shall
ordinarily be made in the first instance to the agency.  A motion
for such relief may be made to the court of appeals or to a judge
thereof, but the motion shall show that application to the agency
for the relief sought is not practicable, or that application has
been made to the agency and denied, with the reasons given by it
for denial, or that the action of the agency did not afford the
relief which the applicant had requested.  The motion shall also
show the reasons for the relief requested and the facts relied
upon, and if the facts are subject to dispute the motion shall be
supported by affidavits or other sworn statements or copies
thereof.  With the motion shall be filed such parts of the record
as are relevant to the relief sought.  Reasonable notice of the
motion shall be given to all parties to the proceeding in the
court of appeals.  The court may condition relief under this rule
upon the filing of a bond or other appropriate security.  The
motion shall be filed with the clerk and normally will be
considered by a panel or division of the court, but in
exceptional cases where such procedure would be impracticable due
to the requirements of time, the application may be made to and
considered by a single judge of the court.