I.O.P.-11.1 SANCTIONS FOR COURT REPORTER'S FAILURE TO FILE A TIMELY TRANSCRIPT
The Fourth Circuit Judicial Council has implemented a resolution of the Judicial Conference of the United States which mandates sanctions for the late delivery of transcripts. For transcripts not delivered within the time limits set forth in Local Rule 11(b), the reporter may charge only 90 percent of the prescribed fee; for a transcript not delivered within 30 days after that time the reporter may charge only 80 percent of the prescribed fee. The time period in criminal proceedings for the preparation of transcripts that are ordered before sentencing shall not begin to run until after entry of the judgment and commitment order.
Former I.O.P.-11.2 amended and redesignated I.O.P.-11.1 December 1, 1995; I.O.P.-11.1 amended December 1, 2002.
LOCAL RULE 22(c). PETITIONS FOR REHEARING IN DEATH PENALTY CASES
(1) Once the Court's mandate has issued in a death penalty case, any petition for panel or en banc rehearing should be accompanied by a motion to recall the mandate and motion to stay the execution. Generally, the Court will not enter a stay of execution solely to allow for additional time for counsel to prepare, or for the Court to consider, a petition for rehearing. Consequently, counsel should take all possible steps to assure that any such petition is filed sufficiently in advance of the scheduled execution date to allow it to be considered by the Court. Counsel should notify the Clerk's Office promptly of their intention to file a petition for rehearing so that arrangements can be made in advance for the most expeditious consideration of the matter by the Court.
Local Rule 22(c) amended December 1, 1998, and December 1, 2002.
LOCAL RULE 22(d). MOTIONS FOR AUTHORIZATION
Any individual seeking to file in the district court a second or successive application for relief pursuant to 28 U.S.C. § 2254 or § 2255 shall first file a motion with the Court of Appeals for authorization as required by 28 U.S.C. § 2244, on the form provided by the clerk for such motions. The motion shall be entitled "In re __________, Movant." The motion must be accompanied by copies of the § 2254 or § 2255 application which movant seeks authorization to file in the district court, as well as all prior § 2254 or § 2255 applications challenging the same conviction and sentence, all court opinions and orders disposing of those applications, and all magistrate judge's reports and recommendations issued on those applications. The movant shall serve a copy of the motion with attachments on the respondent named in the proposed application and shall file an original and three copies of the motion with attachments in the Court of Appeals. Failure to provide the requisite information and attachments may result in denial of the motion for authorization. If the Court requires a response to the motion, it will direct that the response be received by the clerk for filing within no more than seven calendar days. The Court will enter an order granting or denying authorization within 30 days of receipt of the motion by the clerk for filing, and the clerk will certify a copy of the order to the district court. If authorization is granted, a copy of the application will be attached to the certified order for filing in the district court. No motion or request for reconsideration, petition for rehearing, or any other paper seeking review of the granting or denial of authorization will be allowed.
Local Rule 22(d) added June 5, 1996, and amended December 1, 2002.
LOCAL RULE 28(e). CITATION OF ADDITIONAL AUTHORITIES
Counsel may, without leave of Court, present a letter drawing the Court's attention to supplemental authorities under Rule 28(j). An original and three copies of the letter should be filed with the clerk and a copy of the letter should be mailed to all counsel of record. The Court may grant leave for or direct the filing of additional memoranda, which may include additional argument before, during or after oral argument.
Rule 28(e) December 1, 1998; Local Rule 28(e) amended December 1, 2002.
LOCAL RULE 31(a). SHORTENED TIME FOR SERVICE AND FILlNG OF BRIEFS IN CRIMINAL CASES
Pursuant to the authority conferred by FRAP 31(a)(2), the time for serving and filing briefs in criminal appeals is shortened as follows: the appellant shall serve and file appellant's brief and appendix within thirty-five days after the date on which the briefing order is filed; the appellee shall serve and file appellee's brief within twenty-one days after service of the brief of the appellant; the appellant may serve and file a reply brief within ten calendar days after service of the brief of the appellee.
Former Local Rule 31 amended and redesignated Local Rule 31(a) December 1, 1995; Local Rule 31(a) amended December 1, 1998, and December 1, 2002.
LOCAL RULE 32(a). REPRODUCTION OF APPENDICES
Double-sided copying of appendices is preferred in all cases. if an appendix is prepared by a commercial printer in a court-appointed case, the materials contained in the appendix should be reproduced on both sides of a sheet because reimbursement for copying expenses will be limited to 35 cents per double-sided sheet of the joint appendix. No joint appendix in a court-appointed case should exceed 250 sheets without advance permission from the Court; unless such permission is granted, reimbursement of copy expenses will be limited to 250 sheets.
Former I.O.P.-32.1 amended December 1, 1992 and amended and redesignated Local Rule 32(b) December 1, 1995; Local Rule 32(b) amended and redesignated Local Rule 32(a) December 1, 1998; Local Rule 32(a) amended December 1, 2002.
LOCAL RULE 32(b). LENGTH OF BRIEFS
The Fourth Circuit encourages short, concise briefs. Under no circumstances may a brief exceed the limits set forth in FRAP 32(a)(7) without the Court's advance permission. A motion for permission to submit a longer brief must be made to the Court of Appeals at least 10 calendar days prior to the due date of the brief and must be supported by a statement of reasons. These motions are not favored and will be granted only for exceptional reasons.
Former Local Rule 28(d) amended and redesignated Local Rule 32(b) December 1, 1998; Local Rule 32(b) amended December 1, 2002.
LOCAL RULE 34(e). MOTION TO SUBMIT ON BRIEFS
As soon as possible upon completion of the briefing schedule or within 10 calendar days of tentative notification of oral argument, whichever is earlier, any party may file a motion to submit the case on the briefs without the necessity of oral argument. Such motions are not granted as a matter of course. A motion to submit on briefs should not be used to alleviate a scheduling conflict after the notification of oral argument has been issued.
Former I.O.P.-34.5 redesignated Local Rule 34(e) December 1, 1995; Local Rule 34(e) amended December 1, 1998, and December 1, 2002.
LOCAL RULE 36(a). PUBLICATION OF DECISIONS
Opinions delivered by the Court will be published only if the opinion satisfies one or more of the standards for publication: i. It establishes, alters, modifies, clarifies, or explains a rule of law within this Circuit; or ii. It involves a legal issue of continuing public interest; or iii. It criticizes existing law; or iv. It contains a historical review of a legal rule that is not duplicative; or v. It resolves a conflict between panels of this Court, or creates a conflict with a decision in another circuit. The Court will publish opinions only in cases that have been fully briefed and presented at oral argument. Opinions in such cases will be published if the author or a majority of the joining judges believes the opinion satisfies one or more of the standards for publication, and all members of the Court have acknowledged in writing their receipt of the proposed opinion. A judge may file a published opinion without obtaining all acknowledgments only if the opinion has been in circulation for ten calendar days.
Former I.O.P.-36.4 redesignated Local Rule 36(a) December 1, 1995; Local Rule 36(a) amended December 1, 2002.
LOCAL RULE 36(b). UNPUBLISHED DISPOSITIONS
Unpublished opinions give counsel, the parties, and the lower court or agency a statement of the reasons for the decision. They may not recite all of the facts or background of the case and may simply adopt the reasoning of the lower court. They are sent only to the trial court or agency in which the case originated to counsel for all parties in the case, and to litigants in the case not represented by counsel. Any individual or institution may receive copies of all published and certain unpublished opinions of the Court by paying an annual subscription fee for this service. In addition, copies of such opinions are sent to all circuit judges, district judges, bankruptcy judges, magistrate judges, clerks of district court, United States Attorneys, and Federal Public Defenders upon request. Copies of published and unpublished opinions are available from the Clerk's Office for $2.00 per opinion. Published and unpublished opinions issued since January 1, 1996 are available free of charge at www.ca4.uscourts.gov. Counsel may move for publication of an unpublished opinion, citing reasons. If such motion is granted, the unpublished opinion will be published without change in result.
Former I.O.P.-36.5 amended January 1, 1994 and amended and redesignated Local Rule 36(b) December 1, 1995; Local Rule 36(b) amended December 1, 2002.
IOP 45.2 PUBLIC INFORMATION
The Court's opinions, rules, procedures, forms, and argument calendar are available at www.ca4.uscourts.gov. Docket information is also available at www.ca4.uscourts.gov to users with a log-in name and password for the Judiciary's PACER system (Public Access to Court Electronic Records). Information concerning the status of appeals and the operation of rules and procedures may be obtained from the Clerk's Office by telephone inquiry. Matters of public record may be reviewed upon request at the Clerk's Office and case documents may be transmitted to the district court for review by counsel upon proper application to the Clerk's Office.
I.O.P.-45.2 amended December 1, 2002.
LOCAL RULE 46(c). APPEARANCE OF COUNSEL; WITHDRAWAL; SUBSTITUTIONS
Each attorney of record must file a written appearance with the clerk within 14 days after the appeal is docketed or after being retained or appointed. At the time of docketing, the clerk will send to each counsel or party in the trial court a "designation of counsel" form. This form should be filled out and returned to the Clerk of the Fourth Circuit within 14 days. Thereafter, the Court will send correspondence, notices of oral argument, and copies of final decisions only to those attorneys who have filed their appearance forms. More than one attorney of the same firm may sign the same form. This form does not affect the credit line listed on printed opinions, as that information is furnished to publishing firms from those names listed on the briefs. Once an appearance in an appeal has been filed, an attorney may not withdraw from representation without notice to the party he or she is representing and consent of the Court. A motion to withdraw should state fully the reason for the request. Substitution of counsel of record can be accomplished by submitting a counsel of record form or written appearance for new counsel along with existing counsel's motion to withdraw or strike appearance.
Former I.O.P.-46.2 amended and redesignated Local Rule 46(c) December 1, 1995; Local Rule 46(c) amended December 1, 2002.
FORM A. DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER ENTITIES WITH A DIRECT FINANCIAL INTEREST IN LITIGATION
Only one form need be completed for a party even if the party is represented by more than one attorney. Disclosures must be filed on behalf of individual parties as well as corporate parties. Disclosures are required from amicus curiae only if amicus is a corporation. Counsel has a continuing duty to update this information. Please file an original and three copies of this form.
No. ________________________ Caption: __________________________________
Pursuant to FRAP 26.1 and Local Rule 26.1,
_______________________, who is ________________________________________ (name of party/amicus) (appellant/appellee/amicus)
makes the following disclosure:
1. Is party/amicus a publicly held corporation or other publicly held entity?
( )YES ( )NO
2. Does party/amicus have any parent corporations?
( )YES ( )NO
If yes, identify all parent corporations, including grandparent and great-grandparent corporations:
3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or other publicly held entity?
( )YES ( )NO
If yes, identify all such owners:
4. Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation (Local Rule 26.1(b))?
( )YES ( )NO
If yes, identify entity and nature of interest:
5. Is party a trade association?
( )YES ( )NO
If yes, identify all members of the association, their parent corporations, and any publicly held companies that own 10% or more of a party's stock:
_________________________ _________________ (signature) (date)
6. If case arises out of a bankruptcy proceeding, identify any trustee and the members of any creditors' committee:
FORM E. DOCKETING STATEMENT — TAX COURT INSTRUCTIONS
1. Counsel for appellant must file two copies of a docketing statement with all attachments for every case appealed or cross-appealed to the court of appeals within fourteen days of the docketing of the appeal. The docketing statement must be received by the clerk's office within the fourteen days allowed to be deemed timely filed. Copies must be served on the opposing party or parties.
2. The attorney filing the notice of appeal is responsible for filing the docketing statement, even if different counsel will handle the appeal. In the case of multiple appellants represented by separate counsel, the parties must confer and decide who will file the docketing statement. Appellants proceeding pro se may file a docketing statement, but are not required to do so.
3. The docketing statement is not a brief and should not contain argument or motions. The nature of proceedings and relief sought should be stated succinctly. The issues should be expressed in terms and circumstances of the case but without unnecessary detail. Conclusory statements such as "the judgment of the tax court is not supported by the law or facts" are unacceptable. Although a party will not be precluded from raising additional issues, counsel should make every effort to include in the docketing statement all of the issues that will be presented to the Court. The docketing statement will be used in any mediation conducted under Fourth Circuit Local Rule 33. If counsel in a case in which all parties are represented by counsel believes a mediation conference would be beneficial, counsel may make a confidential request for mediation by contacting the Office of the Circuit Mediator directly at (843) 521-4022.
4. Counsel's failure to file the docketing statement within the time set forth above will cause the Court to initiate the process for dismissal of the appeal under Fourth Circuit Local Rule 45.
5. If an opposing party concludes that the docketing statement is in any way inaccurate, incomplete, or misleading, that party should file two copies of any additions or corrections to the docketing statement with the clerk's office within seven (7) days of service of the docketing statement, with copies to all other parties.
DOCKETING STATEMENT — TAX COURT
Caption of Case 4CCA Docket No. (IF KNOWN)_____
Tax Court Docket Number __________________ Judge _______________________
Statute or other authority establishing jurisdiction in the:
Tax Court ____________________________________________________________
Court of Appeals _____________________________________________________
A. Timeliness of Appeal.
1. Date of entry of judgment or order appealed from ________________
2. Date this notice of appeal filed ________________________________
If cross appeal, date first notice of appeal filed _________________
B. Finality of Order or Judgment.
1. Is the order or judgment appealed from a final decision on the merits?
yes( ) no( )
2. If no, Is the order appealed from a collateral or interlocutory order reviewable under any exception to the finality rule?
yes( ) no( )
If yes, explain
____________________________________________________________________
C. Has this case previously been appealed?
yes( ) no( )
If yes, give the case name, docket number, and disposition of each prior appeal on a separate sheet.
D. Are any related cases or cases raising related issues pending in this court, the Tax Court or the Supreme Court?
yes( ) no( )
If yes, cite the case and the manner in which it is related on a separate sheet. If abeyance, consolidation, or in seriatum argument is warranted, counsel must file a separate motion seeking such relief.
If related case is pending in this Court, has it been accepted for mediation by the Office of the Circuit Mediator?
yes( ) no( )
E. State the nature of the suit, the relief sought and the outcome below. Attach additional page if necessary.
F. Issues to be raised on appeal. Attach additional page if necessary.
G. Is settlement being discussed?
yes( ) no( )
H. Is expedited disposition of this case necessary?
yes( ) no( )
If yes, you must file an appropriate motion.
Is oral argument necessary?
yes( ) no( )
I. List each adverse party to the appeal. Attach additional sheets if necessary. If no attorney, give address and telephone number of the adverse party.
Adverse party ________________________________________________________ Attorney _____________________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
J. List name(s) and address(es) of appellant(s) who filed this notice of appeal and appellant's counsel. Attach additional page if necessary.
Appellant(s) Name ____________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
Attorney's Name ______________________________________________________ Firm _________________________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
Will you be handling the appeal? yes ( ) no ( )
FRAP 12(b) provides that each attorney who files a notice of appeal must file with the clerk of the court of appeals a statement naming each party represented on appeal by that attorney. Any counsel, other than the attorney filing this form, who filed a notice of appeal must provide the requisite statement to be attached to this form.
Signature _________________________ Date ______________________________
ATTACH:
1. ADDITIONAL PAGES, IF ANY, CONTAINING EXTENDED ANSWERS TO QUESTIONS ON THIS FORM.
2. THE NOTICE ON THIS FORM.
3. A COPY OF THE ORDER OR JUDGMENT FROM WHICH THE APPEAL IS TAKEN.
4. ANY OPINION OR FINDING.
5. A CERTIFICATE OF SERVICE.
FORM F. DOCKETING STATEMENT — AGENCY INSTRUCTIONS
1. Counsel for the petitioner or applicant must file two copies of a docketing statement for any petition for review, cross petition, application for enforcement, or cross application within fourteen days of docketing of the petition or application. The docketing statement must be received by the clerk's office within the fourteen days allowed to be deemed timely filed. Copies must be served on the opposing party or parties. Petitioners proceeding pro se may file a docketing statement but are not required to do so.
2. Only one docketing statement shall be filed for each petition or application. If there are multiple petitioners or applicants, the parties should confer and decide who will file the docketing statement. A list of all names and addresses of parties, their attorneys and attorneys' names and addresses, and a certification that all parties have conferred and concurred in the filing must be attached to the docketing statement.
3. The docketing statement is not a brief and should not contain argument or motions. The nature of proceedings and relief sought should be stated succinctly. The issues should be expressed in terms and circumstances of the case but without unnecessary detail. Conclusory statements such as "the findings of the administrative law judge are not supported by the law or facts" are unacceptable. Although a party will not be precluded from raising additional issues, counsel should make every effort to include in the docketing statement all of the issues that will be presented to the Court. The docketing statement will be used in any mediation conducted under Fourth Circuit Local Rule 33. If counsel in a case in which all parties are represented by counsel believes a mediation conference would be beneficial, counsel may make a confidential request for mediation by contacting the Office of the Circuit Mediator directly at (843) 521-4022.
4. Counsel's failure to file the docketing statement within the time set forth above will cause the Court to initiate the process for dismissal under Fourth Circuit Local Rule 45.
5. If an opposing party concludes that the docketing statement is in any way inaccurate, incomplete, or misleading, that party should file two copies of any additions or corrections to the docketing statement with the clerk's office within seven (7) days of service of the docketing statement, with copies to all other parties.
DOCKETING STATEMENT — AGENCY
Caption of Case 4CCA Docket No. (IF KNOWN)_____
Re: Type of Action
— Application for Enforcement — Petition for Review — Cross Petition
Name of Agency _________________________________________________________ Administrative Law Judge _______________________________________________ Agency Number __________________________________________________________ Statute or other authority establishing jurisdiction in the Court of Appeals _____________________________________________________
A. Timeliness
1. Date of entry of order ____________________________________________
2. Time allowed for review or enforcement ____________________________
Authority __________________________________________________________
B. Finality
1. Tribunal or board issuing order or regulation _____________________
2. Is the order or judgment appealed from a final decision on the merits?
yes( ) no( )
3. If no, is the order appealed from a collateral or interlocutory order reviewable under any exception to the finality rule? yes ( ) no ( )
If yes, explain ______________________________________________________
C. If INS case, is petitioner subject to deportation while this petition is pending?
yes( ) no( )
If yes, do you intend to file a motion to stay deportation?
yes( ) no( )
D. Has this case been before the Court previously?
yes( ) no( )
If yes, give case name, docket number, and disposition of each prior appeal on a separate sheet.
E. Is there any case now pending or about to be brought before this court, any other court or administrative agency, or the Supreme Court which either arises from the same case or controversy or involves substantially related issues?
yes( ) no( )
If yes, cite the case and manner in which it is related on a separate sheet. If abeyance, consolidation, or in seriatum argument is warranted, counsel must file a separate motion seeking such relief.
If related case is pending in this Court, has it been accepted for mediation by the Office of the Circuit Mediator?
yes( ) no( )
F. State the nature of the proceeding, the relief sought, and the outcome below. Attach additional page if necessary.
G. Issues to be raised on petition or application. Attach additional page if necessary.
H. Is settlement being discussed?
yes( ) no( )
I. Is expedited disposition of this case necessary?
yes( ) no( )
If yes, you must file an appropriate motion.
Is oral argument necessary?
yes( ) no( )
J. List each adverse party to this action. Attach additional sheets if necessary. If no attorney, give address and telephone number of the adverse party.
Adverse party ________________________________________________________ Attorney _____________________________________________________________ Address ______________________________________________________________ Telephone ____________________________________________________________
K. Petitioner's or Applicant's Name ____________________________________ Address ______________________________________________________________ Telephone ____________________________________________________________
L. Attorney or pro se litigant filing this docketing statement.
Will you be handling the appeal?
yes( ) no( )
Name _________________________________________________ ________________ Attorney ( ) Pro Se Firm ______________________________________________________ ___________ Address __________________________________ ____________________________ Telephone _______________ _____________________________________________
If this is a joint statement by multiple petitioners or applicants, add the names and addresses of other petitioners or applicants and their counsel on an additional sheet, accompanied by a certification that all petitioners or applicants concur in this filing.
Signature _________________________ Date ______________________________
EACH COPY OF THE DOCKETING STATEMENT SERVED OR FILED SHALL HAVE ATTACHED TO IT COPIES OF:
(1) THE APPLICATION FOR ENFORCEMENT, OR PETITION FOR REVIEW;
(2) THE DOCKET SHEET OF THE AGENCY FROM WHICH THE APPEAL IS TAKEN;
(3) THE JUDGMENT OR ORDER SOUGHT TO BE REVIEWED AND ANY OPINION OR FINDING;
(4) ANY OPINION, FINDINGS, OR RECOMMENDATION OF AN ADMINISTRATIVE LAW JUDGE UNDERLYING THE ORDER AT ISSUE;
(5) ANY TRANSCRIPT ORDER; AND
(6) A CERTIFICATE OF SERVICE FOR THIS DOCKETING STATEMENT.
FORM G. DOCKETING STATEMENT INSTRUCTIONS
1. Counsel for appellant must file two copies of a docketing statement with all attachments within fourteen days of filing the notice of appeal for every case appealed or cross-appealed to the court of appeals. The docketing statement must be received by the court of appeals clerk's office within the fourteen days allowed to be deemed timely filed. Copies must be served on the opposing party or parties.
2. The attorney filing the notice of appeal is responsible for filing the docketing statement, even if different counsel will handle the appeal. In the case of multiple appellants represented by separate counsel, the parties must confer and decide who will file the docketing statement. Appellants proceeding pro se may file a docketing statement, but are not required to do so.
3. The docketing statement is not a brief but will be used by the circuit mediator for pre-briefing review of civil cases in which all parties are represented by counsel, and in mediation conducted in such cases under Fourth Circuit Local Rule 33. The nature of proceedings and relief sought should be stated succinctly. The issues should be framed with reference to the specific facts and circumstances of the case. Conclusory statements such as "the judgment of the trial court is not supported by the law or facts" are unacceptable. Although a party will not be precluded from raising additional issues in the brief, counsel should make every effort to include in the docketing statement all of the issues that will be presented to the Court. The docketing statement should not contain motions or other requests for interim relief. If counsel in a civil case believes a mediation conference would be beneficial, counsel may make a confidential request for mediation by contacting the Office of the Circuit Mediator directly at (843) 521-4022.
4. Counsel's failure to file the docketing statement within the time set forth will cause the Court to initiate the process for dismissal of the appeal under Fourth Circuit Local Rule 45.
5. If an opposing party concludes that the docketing statement is in any way inaccurate, incomplete, or misleading, that party should file two copies of any additions or corrections to the docketing statement with the clerk's office within seven days of service of the docketing statement, with copies to all other parties.
6. You must attach to this docketing statement:
• ADDITIONAL PAGES CONTAINING EXTENDED ANSWERS TO QUESTIONS ON THIS FORM.
• THE NOTICE OF APPEAL.
• THE DISTRICT COURT DOCKET SHEET.
• A COPY OF THE ORDER OR JUDGMENT FROM WHICH THE APPEAL IS TAKEN.
• ANY OPINION OR FINDINGS.
• ANY OPINION, FINDINGS, OR RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE, AN ADMINISTRATIVE LAW JUDGE, A SOCIAL SECURITY APPEALS COUNCIL, OR A BANKRUPTCY COURT.
• A COPY OF THE TRANSCRIPT ORDER (WITH ATTACHMENTS), IF ANY.
• A CERTIFICATE OF SERVICE FOR THIS DOCKETING STATEMENT.
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT United States Courthouse 1100 East Main Street, 5th Floor Richmond, Virginia 23219-3517 (804) 916-2700 DOCKETING STATEMENT
Caption of Case 4CCA Docket No. (IF KNOWN)_____
Type of Action
— Civil v. — Criminal/Prisoner — Cross Appeal
District ____________________ Judge ______________
District Court Docket Number ___________________________________________
Statute or other authority establishing jurisdiction in the
District Court _______________________________________________________
Court of Appeals _____________________________________________________
A. Timeliness of Appeal
1. Date of entry of judgment or order appealed from __________________
2. Date this notice of appeal filed __________________________________
If cross appeal, date first notice of appeal filed__________________
3. Filing date of any post-judgment motion filed by any party which tolls time under
FRAP 4(a)(4) or 4(b) ________________________________
4. Date of entry of order deciding above post-judgment motion ________
5. Filing date of any motion to extend time under
FRAP 4(a)(5), 4(a)(6) or 4(b) _____________________________ ____________________________________
Time extended to_____________________________________________________
B. Finality of Order or Judgment
1. Is the order or judgment appealed from a final decision on the merits?
[ ] yes [ ] no
2. If no,
a.) Did the district court order entry of judgment as to fewer than all claims or all parties pursuant to
FRCP 54(b)?
[ ] yes [ ] no
b.) Is the order appealed from a collateral or interlocutory order reviewable under any exception to the finality rule?
[ ] yes [ ] no
If yes, explain ____________________________________ ________________________________ (Criminal only)
3. Has the defendant been convicted? [ ] yes [ ] no
4. Has a sentence been imposed? [ ] yes [ ] no Term _______
5. Is the defendant incarcerated? [ ] yes [ ] no
C. Has this case previously been appealed?
[ ] yes [ ] no
If yes, give the case name, docket number and disposition of each prior appeal on a separate sheet.
D. Based on your present knowledge:
Will this appeal involve a question of first impression?
[ ] yes [ ] no
If yes, please explain briefly on a separate page.
E. Are any related case or cases raising related issues pending in this court, any district court of this circuit, or the Supreme Court?
[ ] yes [ ] no
If yes, cite the case and the manner in which it is related on a separate sheet.
If abeyance, consolidation, or in seriatim argument is warranted, counsel must file a separate motion seeking such relief.
If related case is pending in this Court, has it been accepted for mediation by the Office of the Circuit Mediator?
[ ] yes [ ] no
F. State the nature of the suit, the relief sought, and the outcome below. Attach additional page if necessary.
G. Issues to be raised on appeal. Attach additional page if necessary.
H. Does this appeal challenge the constitutionality of a federal or state statute in a case to which the United States or the affected state is not a party?
[ ] yes [ ] no
If yes, you must give written notice to the circuit clerk for certification of that ract to the United States Attorney General or the state attorney general.
I. Is settlement being discussed?
[ ] yes [ ] no
J. Is expedited disposition of this case necessary?
[ ] yes [ ] no
If yes, you must file an appropriate motion.
Is oral argument necessary?
[ ] yes [ ] no
K. Were there any in-court proceedings below? [ ] yes [ ] no
Is a transcript already on file with district court?
[ ] yes [ ] no
If transcript is not already on file, attach copy of transcript order.
L. List each adverse party to the appeal. If no attorney, give address and telephone number of the adverse party. Attach additional sheets if necessary.
1. Adverse party _______________________________________________________ ______________________________________________________________________ Attorney _____________________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
2. Adverse party _______________________________________________________ ______________________________________________________________________ Attorney _____________________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
M. If this case arises out of a bankruptcy proceeding, attach a copy of the caption of the case in the bankruptcy court showing the parties' status as debtor, creditor, trustee, plaintiff, defendant, etc.
N. List name(s) and address(es) of appellant(s) who filed this notice of appeal and appellant's counsel. Attach additional page if necessary.
Appellant(s) name ____________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
Attorney's name ______________________________________________________ Firm _________________________________________________________________ Address ______________________________________________________________ ______________________________________________________________________ Telephone ____________________________________________________________
Will you be handling the appeal? (In criminal cases counsel below will handle the appeal unless relieved by this court.)
[ ] yes [ ] no
FRAP 12(b) provides that each attorney who files a notice of appeal must file with the clerk of the court of appeals a statement naming each party represented on appeal by that attorney. Any counsel, other than the attorney filing this form, who filed a notice of appeal must provide the requisite statement to be attached to this form.
Signature _________________________ Date ______________________________
ATTACH:
1. ADDITIONAL PAGES CONTAINING EXTENDED ANSWERS TO QUESTIONS ON THIS FORM.
2. THE NOTICE OF APPEAL.
3. THE DISTRICT COURT DOCKET SHEET.
4. A COPY OF THE ORDER OR JUDGMENT FROM WHICH THE APPEAL IS TAKEN.
5. ANY OPINION OR FINDINGS.
6. ANY OPINION, FINDINGS, OR RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE, AN ADMINISTRATIVE LAW JUDGE, A SOCIAL SECURITY APPEALS COUNCIL, OR A BANKRUPTCY COURT.
7. A COPY OF THE TRANSCRIPT ORDER, IF ANY.
8. A CERTIFICATE OF SERVICE FOR THIS DOCKETING STATEMENT.