TITLE I. APPLICABILITY OF RULES
FRAP | 5th Cir. R. | I.O.P. | |
SCOPE OF RULES; TITLE | 1 | ||
Scope of Rules | 1(a) | ||
Rules Not to Affect Jurisdiction [Abrogated] | 1(b) | ||
Title | 1(c) | ||
SUSPENSION OF RULES | 2 |
TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT
FRAP | 5th Cir. R. | I.O.P. | |
APPEAL AS OF RIGHT -- HOW TAKEN | 3 | 3 | |
Filing the Notice of Appeal | 3(a) | ||
Joint or Consolidated Appeals | 3(b) | ||
Contents of the Notice of Appeal | 3(c) | ||
Serving the Notice of Appeal | 3(d) | ||
Payment of Fees | 3(e) | ||
APPEAL FROM A JUDGMENT OF A MAGISTRATE JUDGE IN A CIVIL CASE [Abrogated] | 3.1 | ||
APPEAL AS OF RIGHT -- WHEN TAKEN | 4 | ||
Appeal in a Civil Case | 4(a) | ||
Appeal in a Criminal Case | 4(b) | ||
Appeal by an Inmate Confined in an Institution | 4(c) | ||
Mistaken Filing in the Court of Appeals | 4(d) | ||
APPEAL BY PERMISSION | 5 | 5 | |
Petition for Permission to Appeal | 5(a) | ||
Contents of the Petition; Answer or Cross-Petition; Oral Argument | 5(b) | ||
Form of Papers; Number of Copies | 5(c) | ||
Grant of Permission; Fees; Cost Bond; Filing the Record | 5(d) | ||
APPEAL BY LEAVE UNDER 28 U.S.C. § 636(c)(5) [Abrogated] | 5.1 | ||
APPEAL IN A BANKRUPTCY CASE FROM A FINAL JUDGMENT, ORDER, OR DECREE OF A DISTRICT COURT OR A BANKRUPTCY APPELLATE PANEL | 6 | ||
Appeal From a Judgment, Order, or Decree of a District Court Exercising Original Jurisdiction in a Bankruptcy Case | 6(a) | ||
Appeal From a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel Exercising Appellate Jurisdiction in a Bankruptcy Case | 6(b) | ||
BOND FOR COSTS ON APPEAL IN A CIVIL CASE | 7 | ||
STAY OR INJUNCTION PENDING APPEAL | 8 | ||
Motion for Stay | 8(a) | ||
Proceeding Against a Surety | 8(b) | ||
Stay in a Criminal Case | 8(c) | ||
Procedures in Death Penalty Cases Involving Applications for Immediate Stay of Execution and Appeals in Matters in Which the District Court Has Either Entered or Refused To Enter a Stay | 8 | ||
Documents Required | 8.1 | ||
Panels | 8.2 | ||
Motions to Vacate Stays | 8.3 | ||
Emergency Motions | 8.4 | ||
Merits | 8.5 | ||
Consideration of Merits | 8.6 | ||
Vacating Stays | 8.7 | ||
Mandate | 8.8 | ||
Stays of Execution Following Decision | 8.9 | ||
Time Requirements for Habeas Petitions | 8.10 | ||
RELEASE IN A CRIMINAL CASE | 9 | 9 | |
Release Before Judgment of Conviction | 9(a) | ||
Release After Judgment of Conviction | 9(b) | ||
Criteria for Release | 9(c) | ||
Release Before Judgment of Conviction | 9.1 | ||
Release After Judgment of Conviction | 9.2 | ||
Required Documents | 9.3 | ||
Service | 9.4 | ||
Response | 9.5 | ||
THE RECORD ON APPEAL | 10 | 10 | |
Composition of the Record on Appeal | 10(a) | ||
The Transcript of Proceedings | 10(b) | ||
Statement of the Evidence When the Proceedings Were Not Recovered or When the a Transcript Is Unavailable | 10(c) | ||
Agreed Statement as the Record on Appeal | 10(d) | ||
Correction or Modification of the Record | 10(e) | ||
Appellant's Duty to Order the Transcript | 10.1 | ||
Form of Record | 10.2 | ||
Transcript Purchase Order | foll. 10.2 | ||
FORWARDING THE RECORD | 11 | 11 | |
Appellant's Duty | 11(a) | ||
Duties of Reporter and District Clerk | 11(b) | ||
Retaining the Record Temporarily in the District Court for Use in Preparing the Appeal | 11(c) | ||
[Abrogated] | 11(d) | ||
Retaining the Record by Court Order | 11(e) | ||
Retaining Parts of the Record in the District Court by Stipulation of the Parties | 11(f) | ||
Record for a Preliminary Motion in the Court of Appeals | 11(g) | ||
Duties of Court Reporters | 11.1 | ||
Requests for Extensions of Time | 11.2 | ||
Duty of the Clerk | 11.3 | ||
Transcript Monitoring | foll 11.3 | ||
DOCKETING THE APPEAL; FILING A REPRESENTATION STATEMENT; FILING THE RECORD | 12 | 12 | |
Docketing the Appeal | 12(a) | ||
Filing a Representation Statement | 12(b) | ||
Filing the Record, Partial Record, or Certificate | 12(c) |
TITLE III. REVIEW OF A DECISION OF THE UNITED STATES TAX COURT
FRAP | 5th Cir. R. | I.O.P. | |
REVIEW OF A DECISION OF THE TAX COURT | 13 | ||
How Obtained; Time for Filing Notice of Appeal | 13(a) | ||
Notice of Appeal; How Filed | 13(b) | ||
Contents of the Notice of Appeal; Service; Effect of Filing and Service | 13(c) | ||
The Record on Appeal; Forwarding; Filing | 13(d) | ||
APPLICABILITY OF OTHER RULES TO THE REVIEW OF A TAX COURT DECISION | 14 |
TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER
FRAP | 5th Cir. R. | I.O.P. | |
REVIEW OR ENFORCEMENT OF AN AGENCY ORDER--HOW OBTAINED; INTERVENTION | 15 | 15 | |
Petition for Review; Joint Petition | 15(a) | ||
Application or Cross-Application to Enforce an Order; Answer; Default | 15(b) | ||
Service of the Petition or Application | 15(c) | ||
Intervention | 15(d) | ||
Payment of Fees | 15(e) | ||
Docketing Fee and Copy of Orders - Agency Review Proceedings | 15.1 | ||
Proceedings for Enforcement of Orders of the National Labor Relations Board | 15.2 | ||
Proceedings for Review of Orders of the Federal Energy Regulatory Commission | 15.3 | ||
Proceedings for Review of Orders of the Benefits Review Board | 15.4 | ||
Time for Filing Motion for Intervention | 15.5 | ||
BRIEFS AND ORAL ARGUMENT IN A NATIONAL LABOR RELATIONS BOARD PROCEEDING | 15.1 | ||
THE RECORD ON REVIEW OR ENFORCEMENT | 16 | ||
Composition of the Record | 16(a) | ||
Omissions From or Misstatements in the Record | 16(b) | ||
FILING THE RECORD | 17 | 17 | |
Agency to File; Time for Filing; Notice of Filing | 17(a) | ||
Filing--What Constitutes | 17(b) | ||
STAY PENDING REVIEW | 18 | ||
Motion for a Stay | 18(a) | ||
Bond | 18(b) | ||
SETTLEMENT OF A JUDGMENT ENFORCING AN AGENCY ORDER IN PART | 19 | ||
APPLICABILITY OF RULES TO THE REVIEW OR ENFORCEMENT OF AN AGENCY ORDERS | 20 |
FRAP | 5th Cir. R. | I.O.P. | |
WRITS OF MANDAMUS AND PROHIBITION, AND OTHER EXTRAORDINARY WRITS | 21 | 21 | |
Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing | 21(a) | ||
Denial; Order Directing Answer; Briefs; Precedence | 21(b) | ||
Other Extraordinary Writs | 21(c) | ||
Form of Papers; Number of Copies | 21(d) |
TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
FRAP | 5th Cir. R. | I.O.P. | |
HABEAS CORPUS AND SECTION 2255 PROCEEDINGS | 22 | 22 | |
Application for the Original Writ | 22(a) | ||
Certificate of Appealability | 22(b) | ||
Cross Reference to 5th Cir. R. 27.3 Concerning Emergency Motions | foll. 22(b) | ||
CUSTODY OR RELEASE OF A PRISONER IN A HABEAS CORPUS PROCEEDING | 23 | ||
Transfer of Custody Pending Review | 23(a) | ||
Detention or Release Pending Review of Decision Not to Release | 23(b) | ||
Release Pending Review of Decision Ordering Release | 23(c) | ||
Modification of the Initial Order on Custody | 23(d) | ||
Cross Reference to 5th Cir. R. 9.2 for Procedures Governing Applications for Release | foll. 23(d) | ||
PROCEEDINGS IN FORMA PAUPERIS | 24 | ||
Leave to Proceed in Forma Pauperis | 24(a) | ||
Leave to Proceed In Forma Pauperis on Appeal or Review of an Administrative-Agency Proceeding | 24(b) | ||
Leave to Use Original Record | 24(c) |
FRAP | 5th Cir. R. | I.O.P. | |
FILING AND SERVICE | 25 | 25 | |
Filing | 25(a) | ||
Service of All Papers Required | 25(b) | ||
Manner of Service | 25(c) | ||
Proof of Service | 25(d) | ||
Number of Copies | 25(e) | ||
Facsimile Filing | 25.1 | ||
Electronic Filing | 25.2 | ||
Electronic Noticing | 25.3 | ||
Cross Reference to 5th Cir. R. 39.2 for Allowable Mailing Costs | foll. 25.3 | ||
COMPUTING AND EXTENDING TIME | 26 | 26 | |
Computing Time | 26(a) | ||
Extending Time | 26(b) | ||
Additional Time after Service | 26(c) | ||
Computing Time | 26.1 | ||
Extensions of Time | 26.2 | ||
CORPORATE DISCLOSURE STATEMENT | 26.1 | 26.1.1 | |
Who Must File | 26.1(a) | ||
Time for Filing; Supplemental Filing | 26.1(b) | ||
Number of Copies | 26.1(c) | ||
MOTIONS | 27 | 27 | |
In General | 27(a) | ||
Disposition of a Motion for a Procedural Order | 27(b) | ||
Power of a Single Judge to Entertain a Motion | 27(c) | ||
Form of Papers; Page Limits; and Number of Copies | 27(d) | ||
Oral Argument | 27(e) | ||
Clerk May Rule on Certain Motions | 27.1 | ||
Single Judge May Rule on Certain Motions | 27.2 | ||
Emergency Motions | 27.3 | ||
Form of Motions | 27.4 | ||
Motions to Expedite Appeal | 27.5 | ||
Typeface and Type Styles for Motions | foll. 27.5 | ||
General Standards for Ruling on Motions | foll. 27.5 | ||
Distribution | foll. 27.5 | ||
To Judges | foll. 27.5 | ||
Emergency Motions | foll. 27.5 | ||
Motions After Assignment to Calendar | foll. 27.5 | ||
Post-Decision Motions | foll. 27.5 | ||
Extension of Time To File Petition for Rehearing or Leave To File Out of Time | foll. 27.5 | ||
Stay or Recall of Mandate | foll. 27.5 | ||
Motions To Amend, Correct, or Settle the Judgment | foll. 27.5 | ||
Remand from Supreme Court of the United States | foll. 27.5 | ||
BRIEFS | 28 | 28 | |
Appellant's Brief | 28(a) | ||
Appellee's Brief | 28(b) | ||
Reply Brief | 28(c) | ||
References to Parties | 28(d) | ||
References to the Record | 28(e) | ||
Reproduction of Statutes, Rules, Regulations, etc. | 28(f) | ||
Reserved | 28(g) | ||
Reserved | 28(h) | ||
Briefs in a Case Involving Multiple Appellants or Appellees | 28(i) | ||
Citation of Supplemental Authorities | 28(j) | ||
Briefs--Technical Requirements | 28.1 | ||
Briefs--Contents | 28.2 | ||
Brief--Order of Contents | 28.3 | ||
Supplemental Briefs | 28.4 | ||
Signing the Brief | 28.5 | ||
Pro Se Briefs | 28.6 | ||
Miscellaneous Brief Information | foll. 28.6 | ||
Acknowledgment of Briefs | foll. 28.6 | ||
Sample Briefs and Record Excerpts | foll. 28.6 | ||
Checklist Available | foll. 28.6 | ||
Cross-Appeals | 28.1 | ||
Applicability | 28.1(a) | ||
Designation of Appellant | 28.1(b) | ||
Briefs | 28.1(c) | ||
Cover | 28.1(d) | ||
Length | 28.1(e) | ||
Time to Serve and File a Brief | 28.1(f) | ||
BRIEF OF AN AMICUS CURIAE | 29 | 29 | |
When Permitted | 29(a) | ||
Motion for Leave to File | 29(b) | ||
Contents and Form | 29(c) | ||
Length | 29(d) | ||
Time for Filing | 29(e) | ||
Reply Brief | 29(f) | ||
Oral Argument | 29(g) | ||
Time for Filing Motion | 29.1 | ||
Contents and Form | 29.2 | ||
Length of Briefs | 29.3 | ||
Denial of Amicus Curiae Status | 29.4 | ||
Cross Reference to 5th Cir. R. 31.2 for Time for Filing | foll. 29.4 | ||
APPENDIX TO THE BRIEFS | 30 | 30 | |
Appellant's Responsibility | 30(a) | ||
All Parties' Responsibilities | 30(b) | ||
Deferred Appendix | 30(c) | ||
Format of the Appendix | 30(d) | ||
Reproduction of Exhibits | 30(e) | ||
Appeal on the Original Record Without an Appendix | 30(f) | ||
Record Excerpts/Appendix - Appeals from District Courts, the Tax Court, and Agencies | 30.1 | ||
Appendix--Agency Review Proceedings | 30.2 | ||
SERVING AND FILING BRIEFS | 31 | 31 | |
Time to Serve and File a Brief | 31(a) | ||
Number of Copies | 31(b) | ||
Consequence of Failure to File | 31(c) | ||
Briefs--Number of Copies; Computer Generated Briefs | 31.1 | ||
Briefs--Time for Filing Briefs of Intervenors or Amicus Curiae | 31.2 | ||
Briefs--Time for Mailing or Delivery to a Commercial Carrier | 31.3 | ||
Briefs--Time for Filing | 31.4 | ||
Limits on Extensions of Time to File Briefs | foll. 31.4.4 | ||
FORM OF BRIEFS, APPENDICES, AND OTHER PAPERS | 32 | 32 | |
Form of a Brief | 32(a) | ||
Form of an Appendix | 32(b) | ||
Form of Other Papers | 32(c) | ||
Signature | 32(d) | ||
Local Variation | 32(e) | ||
Typeface | 32.1 | ||
Type Volume Limitations | 32.2 | ||
Certificate of Compliance | 32.3 | ||
Motions for Extra-Length Briefs | 32.4 | ||
Rejection of Briefs and Records Excerpts | 32.5 | ||
Cross Reference to 5th Cir. R. 30 Form of Record Excerpts/ Appendix | foll. 32.5 | ||
APPEAL CONFERENCES | 33 | ||
Cross Reference to 5th Cir. R. 15.3.5 Regarding Prehearing Conferences | foll. 33 | ||
ORAL ARGUMENT | 34 | 34 | |
In General | 34(a) | ||
Notice of Argument; Postponement | 34(b) | ||
Order and Contents of Argument | 34(c) | ||
Cross-Appeals and Separate Appeals | 34(d) | ||
Nonappearance of a Party | 34(e) | ||
Submission on Briefs | 34(f) | ||
Use of Physical Exhibits at Argument; Removal | 34(g) | ||
Docket Control | 34.1 | ||
Oral Arguments | 34.2 | ||
Submission Without Argument | 34.3 | ||
Number of Counsel To Be Heard | 34.4 | ||
Expediting Appeals | 34.5 | ||
Continuance of Hearing | 34.6 | ||
Recording of Oral Arguments | 34.7 | ||
Criminal Justice Act Cases | 34.8 | ||
Checking In with Clerk's Office | 34.9 | ||
Submission Without Argument | 34.10 | ||
Time for Oral Argument | 34.11 | ||
Additional Time for Oral Argument | 34.12 | ||
Calling the Calendar | 34.13 | ||
Screening | foll. 34.13 | ||
Decision Without Oral Argument | foll. 34.13 | ||
Court Year Schedule | foll. 34.13 | ||
Judge Assignments | foll. 34.13 | ||
Panel Selection Procedure | foll. 34.13 | ||
Separation of Assignment of Judges and Calendaring of Cases | foll. 34.13 | ||
Preparation and Publishing Calendars | foll. 34.13 | ||
General | foll. 34.13 | ||
Calendaring by Case Type | foll. 34.13 | ||
Preference Cases | foll. 34.13 | ||
Non-preference Cases | foll. 34.13 | ||
Calendaring for Convenience of Counsel | foll. 34.13 | ||
Number of Cases Assigned | foll. 34.13 | ||
Advance Notice | foll. 34.13 | ||
Forwarding Briefs to Judges | foll. 34.13 | ||
Pre-Argument Preparation | foll. 34.13 | ||
Identity of Panel | foll. 34.13 | ||
Oral Argument | foll. 34.13 | ||
Presenting Argument | foll. 34.13 | ||
Lighting Signal Procedure | foll. 34.13 | ||
Appellant's Argument | foll. 34.13 | ||
Appellee's Argument | foll. 34.13 | ||
Appellant's Rebuttal | foll. 34.13 | ||
Case Conferences and Designation of Writing Judge | foll. 34.13 | ||
EN BANC DETERMINATION | 35 | 35 | |
When Hearing or Rehearing En Banc May Be Ordered | 35(a) | ||
Petition for Hearing or Rehearing En Banc | 35(b) | ||
Time for Petition for Hearing or Rehearing En Banc | 35(c) | ||
Number of Copies | 35(d) | ||
Response | 35(e) | ||
Call for a Vote | 35(f) | ||
Caution | 35.1 | ||
Form of Petition | 35.2 | ||
Response to Petition | 35.3 | ||
Time and Form - Extensions | 35.4 | ||
Length | 35.5 | ||
Determination of Causes En Banc and Composition of En Banc Court | 35.6 | ||
Petition for Rehearing En Banc | foll. 35.6 | ||
Extraordinary Nature of Petitions for Rehearing En Banc | foll. 35.6 | ||
The Most Abused Prerogative | foll. 35.6 | ||
Handling of Petition by the Judges | foll. 35.6 | ||
Panel Has Control | foll. 35.6 | ||
Requesting a Poll | foll. 35.6 | ||
Requesting a Poll on Court's Own Motion | foll. 35.6 | ||
Polling the Court | foll. 35.6 | ||
Negative Poll | foll. 35.6 | ||
Affirmative Poll | foll. 35.6 | ||
No Poll Request | foll. 35.6 | ||
Capital Cases | foll. 35.6 | ||
ENTRY OF JUDGMENT; NOTICE | 36 | ||
Entry | 36(a) | ||
Notice | 36(b) | ||
INTEREST ON JUDGMENT | 37 | ||
When the Court Affirms | 37(a) | ||
When the Court Reverses | 37(b) | ||
FRIVOLOUS APPEAL--DAMAGES AND COSTS | 38 | ||
COSTS | 39 | 39 | |
Against Whom Assessed | 39(a) | ||
Costs For and Against the United States | 39(b) | ||
Costs of Copies | 39(c) | ||
Bill of Costs: Objections; Insertion in Mandate | 39(d) | ||
Costs on Appeal Taxable in the District Court | 39(e) | ||
Taxable Rates | 39.1 | ||
Nonrecovery of Mailing and Commercial Delivery Service Costs | 39.2 | ||
Time for Filing Bills of Costs | 39.3 | ||
PETITION FOR PANEL REHEARING | 40 | 40 | |
Time to File; Contents; Answer; Action by the Court if Granted | 40(a) | ||
Form of Petition; Length | 40(b) | ||
Copies | 40.1 | ||
Limited Nature of Petition for Panel Rehearing | 40.2 | ||
Length | 40.3 | ||
Time for Filing | 40.4 | ||
Necessity for Filing | foll. 40.4 | ||
Capital Cases | foll. 40.4 | ||
MANDATE: CONTENTS; ISSUANCE AND EFFECTIVE DATE; STAY | 41 | 41 | |
Contents | 41(a) | ||
When Issued | 41(b) | ||
Effective Date | 41(c) | ||
Staying the Mandate | 41(d) | ||
Stay of Mandate--Criminal Appeals | 41.1 | ||
Recall of Mandate | 41.2 | ||
Effect of Granting Rehearing En Banc | 41.3 | ||
Issuance of Mandate in Expedited Appeals or Mandamus Appeals | 41.4 | ||
When Mandate Issues, Generally and Specific Instances | foll. 41.4 | ||
VOLUNTARY DISMISSAL | 42 | 42 | |
Dismissal in the District Court | 42(a) | ||
Dismissal in the Court of Appeals | 42(b) | ||
Dismissal by Appellant | 42.1 | ||
Frivolous and Unmeritorious Appeals | 42.2 | ||
Dismissal for Failure to Prosecute | 42.3 | ||
Dismissals Without Prejudice | 42.4 | ||
SUBSTITUTION OF PARTIES | 43 | ||
Death of a Party | 43(a) | ||
Substitution for a Reason Other Than Death | 43(b) | ||
Public Officer: Identification; Substitution | 43(c) | ||
CASE INVOLVING A CONSTITUTIONAL QUESTION WHEN THE UNITED STATES OR THE RELEVANT STATE IS NOT A PARTY | 44 | ||
CLERK'S DUTIES | 45 | 45 | |
General Provisions | 45(a) | ||
Records | 45(b) | ||
Notice of an Order or Judgment | 45(c) | ||
Custody of Records and Papers | 45(d) | ||
Location | 45.1 | ||
Release of Original Papers | 45.2 | ||
Office To Be Open | 45.3 | ||
Office Hours and Phone Numbers | foll. 45.3 | ||
ATTORNEYS | 46 | 46 | |
Admission to the Bar | 46(a) | ||
Suspension or Disbarment | 46(b) | ||
Discipline | 46(c) | ||
Admission and Fees | 46.1 | ||
Suspension or Disbarment | 46.2 | ||
Entry of Appearance | 46.3 | ||
Disciplinary Action | foll. 46.3 | ||
Duties of Court Appointed Counsel | foll. 46.3 | ||
LOCAL RULES BY COURTS OF APPEALS | 47 | ||
Local Rules | 47(a) | ||
Procedure When There Is No Controlling Law | 47(b) | ||
OTHER FIFTH CIRCUIT RULES | 47 | ||
Name, Seal and Process | 47.1 | ||
Sessions | 47.2 | ||
Circuit Executive, Library and Staff Attorneys | 47.3 | ||
Bankruptcy Appeals | 47.4 | ||
Publication of Opinions | 47.5 | ||
Affirmance Without Opinion | 47.6 | ||
Calendaring Priorities | 47.7 | ||
Attorney's Fees | 47.8 | ||
Rules for the Conduct of Proceedings Under the Judicial Conduct and Disability Act, 28 U.S.C. §§ 351 et seq. | 47.9 | ||
Rule Governing Appeals Raising Sentencing Guidelines Issues 18 U.S.C. § 3742 | 47.10 | ||
MASTERS | 48 | ||
Appointment; Powers | 48(a) | ||
Compensation | 48(b) | ||
OTHER INTERNAL OPERATING PROCEDURES | foll. 48 | ||
Judicial Council | foll. 48 | ||
Judicial Conference | foll. 48 | ||
Lawyers Advisory Committee | foll. 48 | ||
Recusal or Disqualification of Judges | foll. 48 | ||
Special Panels and Cases Requiring Special Handling | foll. 48 | ||
Corporate Reorganization--Chapter 11 | foll. 48 | ||
Criminal Justice Act Plan | foll. 48 | ||
Certified Records for Supreme Court of the United States | foll. 48 | ||
Building Security | foll. 48 |
Form