DP Tool Club 8/CDASC08.ISO/VRAC/COURTRUL.ZIP/FRAP2D.ASC

Text File | 1993-08-30 | 6.2 KB | 285 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
#frap1xb.sta FRAP 12-24
#frap2a.sta FRAP 25-28
#frap2b.sta FRAP 29-38
#frap2c.sta FRAP 39-46
FRAP 47

RULES BY COURTS OF APPEALS

 Each court of appeals by action of a majority of the Circuit
Judges in regular active service may from time to time make and
amend rules governing its practice not inconsistent with these
rules. In all cases not provided for by rule, the Court of
Appeals may regulate their practice in any manner not
inconsistent with these rules. Copies of all rules made by a
court of appeals shall upon their promulgation be furnished to
the Administrative Office of the Courts of the United States
Courts.

FRAP 48

TITLE

 These rules may be known and cited as the Federal Rules
of Appellate Procedure.



APPENDIX OF FORMS

Form 1. Notice of Appeal to a Court of Appeals From a Judgment or
Order of a District Court

United States District Court for the


 District of

 File Number

 A.B., Plaintiff

 vs.
 Notice of Appeal

 C.D., Defendant


 Notice is hereby given that C.D., defendant above named,
hereby appeals to the United States Court of Appeals for the
Circuit (from the final judgment)(from the order (describing it))
entered in this action on the day of , 19 .

 (s)


 (Address)


 Attorney for C.D.

 Updated January 1, 1993

Form 2. Notice of Appeal to a Court of
Appeals From a Decision of the Tax Court

TAX COURT OF THE UNITED STATES
Washington, D.C.

 A.B., Petitioner

 vs.


 Docket No.

Commissioner of Internal Revenue,
Respondent.


 Notice of Appeal

 Notice is hereby given that A.B. hereby appeals to the
United States Court of Appeals for the Circuit from [that part
of] the decision of this court entered in the above  captioned
proceeding on the day of  , 19 [relating to ].

 (s)


 (Address)


 Counsel for A.B.

Form 3. Petition for Review of Order of an Agency, Board,
Commission or Officer

United States Court of Appeals for the
Circuit


 A.B., Petitioner

 vs.


 Petition for Review

XYZ Commission, Respondent

 A.B. hereby petitions the court for review of the Order
of the XYZ Commission (describe the  order) entered on
, 19 .

 Attorney for Petitioner

 Address:

Form 4. Affidavit to Accompany Motion for
Leave to Appeal in Forma Pauperis


United States District Court for the


 District of


 United States of America

 vs.


 No.

 A.B.

 Affidavit in Support of Motion to Proceed on
Appeal in Forma Pauperis

 I, ,  being first duly sworn, depose and say that I am
the in the above-entitled case; that in support of my motion to
proceed on appeal without being required to prepay fees, costs or
give security therefor, I state that because of my poverty I am
unable to pay the costs of said proceeding or to give security
therefor; that I believe I am entitled to redress; and that the
issues which I desire to present on appeal are the following:


 I further swear that the responses which I have made to
the questions and instructions below relating to my ability to
pay the cost of prosecuting the appeal are true.

 1. Are you presently employed?

a. If the answer is yes, state the amount of your salary or wages
per month and give the name and address of your employer.

b. If the answer is no, state the date of your last employment
and the amount of the salary and wages per month which you
received.

2. Have you received within the past twelve months any income
from a business, profession or other form of self-employment, or
in the form of rent payments, interest, dividends, or other
source?

a. If the answer is yes, describe each source of income, and
state the amount received from each during the past twelve
months.

Form 4. Continued

3. Do you own any cash or checking or savings account?

a. If the answer is yes, state the total value of the items
owned.

4. Do you own any real estate, stocks, bonds, notes, automobiles,
or other valuable property (excluding ordinary household
furnishings and clothing)?

a. If the answer is yes, describe the property and state its
approximate value.

5. List the persons who are dependent upon you for support and
state your relationship to those persons.


I understand that a false statement or answer to any questions in
this affidavit will subject me to penalties for perjury.



_______________________________________

SUBSCRIBED AND SWORN TO before me this day of
 19 .

Let the applicant proceed without prepayment of costs or fees or
the necessity of giving security therefor.



_______________________________________
 District Judge


Form 5. Notice of Appeal to a Court of Appeals
from a Judgment or Order of a District Court or
a Bankruptcy Appellate Panel

 United States District Court for the
 _____________________________________

 District of
 ________________________________

 In re
 )

 )
 ________________________
 )
 Debtor


 )

 )
 _________________________
 ) File No. __________
 Plaintiff


 )

 )
 v.


 )

 )
 ________________________
 )
 Defendant


 )


 Notice of Appeal to United States Court of Appeals for
the ________________________ Circuit  ______________________, the
plaintiff [or defendant or other party] appeals to the United
States Court of Appeals for the ______________  Circuit from the
final judgment [or order or decree] of the district court for the
district of ____________ [or bankruptcy appellate panel or the
_____________ circuit], entered in this case on _____________,
19___ [here describe the judgment, order, or decree]
_______________ ____________________________________________.

 The parties to the judgment [or order or decree] appealed
from and the names and addresses of their respective attorneys
are as follows:


 Dated ____________________________

 Signed ___________________________


Attorney for Appellant

 Address: _________________________

 __________________________________

(As added Apr. 25, 1989, eff. Dec. 1, 1989.)