The Supreme Court/The Supreme Court.iso/pc/ascii/1994/order/042994.zr

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SUPREME COURT OF THE UNITED STATES

Friday, April 29, 1994










ORDERED:

1.That the Federal Rules of Appellate Procedure
be, and they hereby are, amended by including therein
amendments to Appellate Rules 1, 3, 5, 5.1, 9, 13, 21,
25, 26.1, 27, 28, 30, 31, 33, 35, 38, 40, 41, and 48.

[See infra., pp.                  .]

2.That the foregoing amendments to the Federal
Rules of Appellate Procedure shall take effect on
December 1, 1994, and shall govern all proceedings in
appellate cases thereafter commenced and, insofar as just
and practicable, all proceedings in appellate cases then
pending.

3.That THE CHIEF JUSTICE be, and he hereby is,
authorized to transmit to the Congress the foregoing
amendments to the Federal Rules of Appellate Procedure in
accordance with the provisions of Section 2072 of Title
28, United States Code.
FEDERAL RULES OF APPELLATE PROCEDURE

Rule 1.  Scope of Rules and Title
(a) Scope of Rules.-- These rules govern procedure
in appeals to United States courts of appeals from the
United States district courts and the United States Tax
Court; in appeals from bankruptcy appellate panels; in
proceedings in the courts of appeals for review or
enforcement of orders of administrative agencies, boards,
commissions and officers of the United States; and in
applications for writs or other relief which a court of
appeals or a judge thereof is competent to give.  When
these rules provide for the making of a motion or
application in the district court, the procedure for making
such motion or application shall be in accordance with the
practice of the district court.
(b) Rules Not to Affect Jurisdiction.-- These rules
shall not be construed to extend or limit the jurisdiction of
the courts of appeals as established by law.
(c) Title.-- These rules may be known and cited   as
the Federal Rules of Appellate Procedure.


Rule 3.  Appeal as of Right - How Taken
(a) Filing the Notice of Appeal.-- An appeal
permitted by law as of right from a district court to a court
of appeals must be taken by filing a notice of appeal with
the clerk of the district court within the time allowed by
Rule 4.  At the time of filing, the appellant must furnish the
clerk with sufficient copies of the notice of appeal to enable
the clerk to comply promptly with the requirements of
subdivision (d) of this Rule 3.  Failure of an appellant to
take any step other than the timely filing of a notice of
appeal does not affect the validity of the appeal, but is
ground only for such action as the court of appeals deems
appropriate, which may include dismissal of the appeal.
Appeals by permission under 28 U.S.C.  1292(b) and
appeals in bankruptcy must be taken in the manner
prescribed by Rule 5 and Rule 6 respectively.
* * * * *


Rule 5.  Appeal by Permission Under 28 U.S.C.
1292(b)
* * * * *
(c)  Form of Papers; Number of Copies.--  All
papers may be typewritten.  An original and three copies
must be filed unless the court requires the filing of a
different number by local rule or by order in a particular
case.
* * * * *

Rule 5.1.  Appeal by Permission Under 28 U.S.C.
636(c)(5)
* * * * *
(c)  Form of Papers; Number of Copies.-- All papers
may be typewritten.  An original and three copies must be
filed unless the court requires the filing of a different
number by local rule or by order in a particular case.
* * * * *


Rule 9.  Release in a Criminal Case
(a) Appeal from an Order Regarding Release
Before Judgment of Conviction.--The district court must
state in writing, or orally on the record, the reasons for an
order regarding release or detention of a defendant in a
criminal case.  A party appealing from the order, as soon as
practicable after filing a notice of appeal with the district
court, must file with the court of appeals a copy of the
district court's order and its statement of reasons.  An
appellant who questions the factual basis for the district
court's order must file a transcript of any release
proceedings in the district court or an explanation of why
a transcript has not been obtained.  The appeal must be
determined promptly.  It must be heard, after reasonable
notice to the appellee, upon such papers, affidavits, and
portions of the record as the parties present or the court
may require.  Briefs need not be filed unless the court so
orders.  The court of appeals or a judge thereof may order
the release of the defendant pending decision of the appeal.
(b)  Review of an Order Regarding Release After
Judgment of Conviction.-- A party entitled to do so may
obtain review of a district court's order regarding release
that is made after a judgment of conviction by filing a
notice of appeal from that order with the district court, or
by filing a motion with the court of appeals if the party has
already filed a notice of appeal from the judgment of
conviction.  Both the order and the review are subject to
Rule 9(a).  In addition, the papers filed by the applicant for
review must include a copy of the judgment of conviction.
(c)  Criteria for Release.--The decision regarding
release must be made in accordance with applicable
provisions of 18 U.S.C.  3142, 3143, and 3145(c).


Rule 13.  Review of a Decision of the Tax Court
(a)  How Obtained; Time for Filing Notice of
Appeal.-- Review of a decision of the United States Tax
Court must be obtained by filing a notice of appeal with the
clerk of the Tax Court within 90 days after entry of the Tax
Court's decision.  At the time of filing the appellant must
furnish the clerk with sufficient copies of the notice of
appeal to enable the clerk to comply promptly with the
requirements of Rule 3(d).  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 entry of the Tax Court's decision.
* * * * *


Rule 21.  Writs of Mandamus and Prohibition Directed
to a Judge or Judges and Other Extraordinary Writs
* * * * *
(d)  Form of Papers; Number of Copies.-- All
papers may be typewritten.  An original and three copies
must be filed unless the court requires the filing of a
different number by local rule or by order in a particular
case.


Rule 25.  Filing and Service
(a)  Filing.--  A paper required or permitted to   be
filed in a court of appeals must be filed with the clerk.
Filing may be accomplished by mail addressed to the clerk,
but filing is not timely unless the clerk receives the papers
within the time fixed for filing, except that briefs and
appendices are treated as filed on the day of mailing if the
most expeditious form of delivery by mail, except special
delivery, is used.  Papers filed by an inmate confined in an
institution are timely filed if deposited in the institution's
internal mail system on or before the last day for filing.
Timely filing of papers by an inmate confined in an
institution may be shown by a notarized statement or
declaration (in compliance with 28 U.S.C.  1746) setting
forth the date of deposit and stating that first-class postage
has been prepaid.  If a motion requests relief that may be
granted by a single judge, the judge may permit the motion
to be filed with the judge, in which event the judge shall
note thereon the filing date and thereafter give it to the
clerk.  A court of appeals may, by local rule, permit papers
to be filed by facsimile or other electronic means, provided
such means are authorized by and consistent with standards
established by the Judicial Conference of the United States.
The clerk must not refuse to accept for filing any paper
presented for that purpose solely because it is not presented
in proper form as required by these rules or by any local
rules or practices.
* * * * *
(d)  Proof of Service.--  Papers presented for   filing
must contain an acknowledgment of service by the person
served or proof of service in the form of a statement of the
date and manner of service, of the names of the persons
served, and of the addresses to which the papers were
mailed or at which they were delivered, certified by the
person who made service.  Proof of service may appear on
or be affixed to the papers filed.
(e)  Number of Copies.-- Whenever these rules
require the filing or furnishing of a number of copies, a
court may require a different number by local rule or by
order in a particular case.


Rule 26.1.  Corporate Disclosure Statement
Any non-governmental corporate party to a civil or
bankruptcy case or agency review proceeding and any non-
governmental corporate defendant in a criminal case must
file a statement identifying all parent companies,
subsidiaries (except wholly-owned subsidiaries), and
affiliates that have issued shares to the public.  The
statement must be filed with a party's principal brief or
upon filing a motion, response, petition, or answer in the
court of appeals, whichever first occurs, unless a local rule
requires earlier filing.  Whenever the statement is filed
before a party's principal brief, an original and three copies
of the statement must be filed unless the court requires the
filing of a different number by local rule or by order in a
particular case.  The statement must be included in front of
the table of contents in a party's principal brief even if the
statement was previously filed.


Rule 27.  Motions
* * * * *
(d)  Form of Papers; Number of Copies.--  All
papers relating to a motion may be typewritten.  An original
and three copies must be filed unless the court requires the
filing of a different number by local rule or by order in a
particular case.


Rule 28.  Briefs
(a)  Appellant's Brief.-- The brief of the appellant
must contain, under appropriate headings and in the order
here indicated:
* * * * *
(5)  A summary of argument.  The summary should
contain a succinct, clear, and accurate statement of the
arguments made in the body of the brief.  It should not be
a mere repetition of the argument headings.
(6)  An argument.  The argument must contain the
contentions of the appellant on the issues presented, and the
reasons therefor, with citations to the authorities, statutes,
and parts of the record relied on.  The argument must also
include for each issue a concise statement of the applicable
standard of review; this statement may appear in the
discussion of each issue or under a separate heading placed
before the discussion of the issues.
(7)A short conclusion stating the precise relief
sought.
(b)Appellee's Brief.--The brief of the appellee
must conform to the requirements of paragraphs (a)(1)-(6),
except that none of the following need appear unless the
appellee is dissatisfied with the statement of the appellant:
(1)the jurisdictional statement;
(2)the statement of the issues;
(3)the statement of the case;
(4)the statement of the standard of review.
* * * * *
(g)  Length of briefs.--  Except by permission of the
court, or as specified by local rule of the court of appeals,
principal briefs must not exceed 50 pages, and reply briefs
must not exceed 25 pages, exclusive of pages containing the
corporate disclosure statement, table of contents, tables of
citations, proof of service, and any addendum containing
statutes, rules, regulations, etc.

* * * * *



Rule 30.  Appendix to the Briefs
(a)  Duty     of  Appellant  to  Prepare  and  File;
 Content of    Appendix;   Time  for  Filing;  Number  of
 Copies.-- The appellant must prepare and file an appendix
to the briefs which must 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 must
serve and file the appendix with the brief.  Ten copies of
the appendix must be filed with the clerk, and one copy
must be served on counsel for each party separately
represented, unless the court requires the filing or service of
a different number by local rule or by order in a particular
case.
* * * * *


Rule 31.  Filing and Service of a Brief
* * * * *
(b)  Number of Copies to Be Filed and Served.--
Twenty-five copies of each brief must be filed with the
clerk, and two copies must be served on counsel for each
party separately represented unless the court requires the
filing or service of a different number by local rule or by
order in a particular case.  If a party is allowed to file
typewritten ribbon and carbon copies of the brief, the
original and three legible copies must be filed with the
clerk, and one copy must be served on
counsel for each party separately represented.
* * * * *


Rule 33.  Appeal Conferences
The court may direct the attorneys, and in
appropriate cases the parties, to participate in one or more
conferences to address any matter that may aid in the
disposition of the proceedings, including the simplification
of the issues and the possibility of settlement.  A
conference may be conducted in person or by telephone and
be presided over by a judge or other person designated by
the court for that purpose.  Before a settlement conference,
attorneys must consult with their clients and obtain as much
authority as feasible to settle the case.  As a result of a
conference, the court may enter an order controlling the
course of the proceedings or implementing any settlement
agreement.


Rule 35.  Determination of Causes by the Court in Banc
* * * * *
(d)  Number of Copies.-- The number of copies that
must be filed may be prescribed by local rule and may be
altered by order in a particular case.


Rule 38.  Damages and Costs for Frivolous Appeals
If a court of appeals determines that an appeal is
frivolous, it may, after a separately filed motion or notice
from the court and reasonable opportunity to respond,
award just damages and single or double costs to the
appellee.


Rule 40.  Petition for Rehearing
(a)  Time for Filing; Content; Answer; Action by
Court if Granted.-- A petition for rehearing may be filed
within 14 days after entry of judgment unless the time is
shortened or enlarged by order or by local rule.  However,
in all civil cases in which the United States or an agency or
officer thereof is a party, the time within which any party
may seek rehearing shall be 45 days after entry of judgment
unless the time is shortened or enlarged by order.  The
petition must state with particularity the points of law or
fact which in the opinion of the petitioner the court has
overlooked or misapprehended and must contain such
argument in support of the petition as the petitioner desires
to present.  Oral argument in support of the petition will not
be permitted.  No answer to a petition for rehearing will be
received unless requested by the court, but a petition for
rehearing will ordinarily not be granted in the absence of
such a request.  If a petition for rehearing is granted, the
court may make a final disposition of the cause without
reargument or may restore it to the calendar for reargument
or resubmission or may make such other orders as are
deemed appropriate under the circumstances of the
particular case.

* * * * *


Rule 41.  Issuance of Mandate; Stay of Mandate
(a)  Date of Issuance.-- The mandate of the   court
must issue 7 days after the expiration of the time for filing
a petition for rehearing unless such a petition is filed or the
time is shortened or enlarged by order.  A certified copy of
the judgment and a copy of the opinion of the court, if any,
and any direction as to costs shall constitute the mandate,
unless the court directs that a formal mandate issue.  The
timely filing of a petition for rehearing will stay the
mandate until disposition of the petition unless otherwise
ordered by the court.  If the petition is denied, the mandate
must issue 7 days after entry of the order denying the
petition unless the time is shortened or enlarged by order.
(b) Stay of Mandate Pending Petition for
Certiorari.-- A party who files a motion requesting a stay
of mandate pending petition to the Supreme Court for a
writ of certiorari must file, at the same time, proof of
service on all other parties.  The motion must show that a
petition for certiorari would present a substantial question
and that there is good cause for a stay.  The stay cannot
exceed 30 days unless the period is extended for cause
shown or unless during the period of the stay, a notice from
the clerk of the Supreme Court is filed showing that the
party who has obtained the stay has filed a petition for the
writ, in which case the stay will continue until final
disposition by the Supreme Court. The court of appeals
must issue the mandate immediately when a copy of a
Supreme Court order denying the petition for writ of
certiorari is filed.  The court may require a bond or other
security as a condition to the grant or continuance of a stay
of the mandate.


Rule 48.  Masters
A court of appeals may appoint a special master to
hold hearings, if necessary, and to make recommendations
as to factual findings and disposition in matters ancillary to
proceedings in the court. Unless the order referring a matter
to a master specifies or limits the master's powers, a master
shall have power to regulate all proceedings in every
hearing before the master and to do all acts and take all
measures necessary or proper for the efficient performance
of the master's duties under the order including, but not
limited to, requiring the production of evidence upon all
matters embraced in the reference and putting witnesses and
parties on oath and examining them.  If the master is not a
judge or court employee, the court shall determine the
master's compensation and whether the cost will be charged
to any of the parties.