FEDERAL RULES OF APPELLATE PROCEDURE WITH FIFTH CIRCUIT .

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FEDERAL RULES OF APPELLATEPROCEDURE WITH FIFTH CIRCUIT RULES ANDINTERNAL OPERATING PROCEDURESFederal Rules of Appellate Procedure(Effective July 1, 1968, as amended to December 1, 2020),Fifth Circuit Rules and Internal Operating Procedures (IOP)(As amended through January 2020)Table of RulesTITLE I. APPLICABILITY OF RULESFRAPSCOPE OF RULES; DEFINITION; TITLEScope of RulesDefinitionTitleSUSPENSION OF RULES11(a)1(b)1(c)25TH CIR. R.I.O.P.TITLE II. APPEAL FROM A JUDGMENT ORORDER OF A DISTRICT COURTAPPEAL AS OF RIGHT—HOW TAKENFiling the Notice of AppealJoint or Consolidated AppealsContents of the Notice of AppealServing the Notice of AppealPayment of FeesAPPEAL FROM A JUDGMENT OF AMAGISTRATE JUDGE IN A CIVILCASE [Abrogated]APPEAL AS OF RIGHT—WHEN TAKENAppeal in a Civil CaseAppeal in a Criminal CaseAppeal by an Inmate Confined in anInstitutionMistaken Filing in the Court of Appealsi33(a)3(b)3(c)3(d)3(e)33.144(a)4(b)4(c)4(d)

FRAPAPPEAL BY PERMISSIONPetition for Permission to AppealContents of the Petition; Answer orCross-Petition; Oral ArgumentForm of Papers; Number of Copies;Length LimitsGrant of Permission; Fees; Cost Bond;Filing the RecordAPPEAL BY LEAVE UNDER 28U.S.C. § 636(c)(5) [Abrogated]APPEAL IN A BANKRUPTCY CASEAppeal From a Judgment, Order, or Decreeof a District Court Exercising OriginalJurisdiction in a Bankruptcy CaseAppeal From a Judgment, Order, or Decreeof a District Court or BankruptcyAppellate Panel Exercising AppellateJurisdiction in a Bankruptcy CaseBOND FOR COSTS ON APPEAL IN ACIVIL CASESTAY OR INJUNCTION PENDINGAPPEALMotion for StayProceeding Against a SuretyStay in a Criminal CaseProcedures in Death Penalty Cases InvolvingApplications for Immediate Stay ofExecution and Appeals in Matters inWhich the District Court Has EitherEntered or Refused To Enter a StayDocuments RequiredPanelsii5TH CIR. .25I.O.P.

FRAPMotions to Vacate StaysEmergency MotionsMeritsConsideration of MeritsVacating StaysMandateStays of Execution Following DecisionTime Requirements for Challenges to DeathSentences and/or Execution ProceduresRELEASE IN A CRIMINAL CASERelease Before Judgment of ConvictionRelease After Judgment of ConvictionCriteria for ReleaseRequired DocumentsServiceResponseTHE RECORD ON APPEALComposition of the Record on AppealThe Transcript of ProceedingsStatement of the Evidence When theProceedings Were Not Recovered orWhen a Transcript Is UnavailableAgreed Statement as the Record on AppealCorrection or Modification of the RecordAppellant’s Duty to Order the TranscriptForm of RecordTranscript Purchase OrderFORWARDING THE RECORDAppellant’s DutyDuties of Reporter and District ClerkRetaining the Record Temporarily in theDistrict Court for Use in Preparingthe Appeal[Abrogated]Retaining the Record by Court OrderRetaining Parts of the Record in the DistrictCourt by Stipulation of the PartiesRecord for a Preliminary Motion in theCourt of AppealsDuties of Court ReportersRequests for Extensions of Timeiii99(a)9(b)9(c)1010(a)10(b)5TH CIR. .10(c)10(d)10(e)1111(a)11(b)10.110.211foll. 10.211(c)11(d)11(e)11(f)11(g)11.111.2

FRAPDuty of the ClerkTranscript MonitoringDOCKETING THE APPEAL; FILING AREPRESENTATION STATEMENT;FILING THE RECORDDocketing the AppealFiling a Representation StatementFiling the Record, Partial Record, orCertificateREMAND AFTER AN INDICATIVERULING BY THE DISTRICTCOURT ON A MOTION FORRELIEF THAT IS BARREDBY A PENDING APPEAL5TH CIR. R.I.O.P.11.3foll. 11.31212(a)12(b)1212(c)1313(a)13(b)1412.1TITLE III. APPEALS FROM THEUNITED STATES TAX COURTAPPEALS FROM THE TAX COURTAppeal as a RightAppeal by PermissionAPPLICABILITY OF OTHER RULES TOAPPEAL FROM THE TAX COURTTITLE IV. REVIEW OR ENFORCEMENT OFAN ORDER OF AN ADMINISTRATIVEAGENCY, BOARD, COMMISSION, OR OFFICERREVIEW OR ENFORCEMENT OF ANAGENCY ORDER—HOW OBTAINED;INTERVENTION15Petition for Review; Joint Petition15(a)Application or Cross-Application toEnforce an Order; Answer; Default15(b)Service of the Petition or Application15(c)iv15

FRAPIntervention15(d)Payment of Fees15(e)Docketing Fee and Copy of Orders—Agency Review ProceedingsProceedings for Enforcement of Orders ofthe National Labor Relations BoardProceedings for Review of Orders of the FederalEnergy Regulatory Commission (FERC)Proceedings for Review of Orders of theBenefits Review BoardTime for Filing Motion for InterventionBRIEFS AND ORAL ARGUMENT IN ANATIONAL LABOR RELATIONSBOARD PROCEEDING15.1THE RECORD ON REVIEW ORENFORCEMENT16Composition of the Record16(a)Omissions From or Misstatements inthe Record16(b)FILING THE RECORD17Agency to File; Time for Filing; Noticeof Filing17(a)Filing—What Constitutes17(b)STAY PENDING REVIEW18Motion for a Stay18(a)Bond18(b)SETTLEMENT OF A JUDGMENTENFORCING AN AGENCY ORDERIN PART19APPLICABILITY OF RULES TO THEREVIEW OR ENFORCEMENT OFAN AGENCY ORDER20TITLE V.5TH CIR. R.I.O.P.15.115.215.315.415.517EXTRAORDINARY WRITSWRITS OF MANDAMUS ANDPROHIBITION AND OTHEREXTRAORDINARY WRITS21v21

FRAPMandamus or Prohibition to a Court:Petition, Filing, Service, andDocketingDenial; Order Directing Answer;Briefs; PrecedenceOther Extraordinary WritsForm of Papers; Number of CopiesLength Limits5TH CIR. R.I.O.P.21(a)21(b)21(c)21(d)TITLE VI. HABEAS CORPUS;PROCEEDINGS IN FORMA PAUPERISHABEAS CORPUS AND SECTION2255 PROCEEDINGSApplication for the Original WritCertificate of AppealabilityCross Reference to 5TH CIR. R. 27.3Concerning Emergency MotionsCUSTODY OR RELEASE OF APRISONER IN A HABEASCORPUS PROCEEDINGTransfer of Custody Pending ReviewDetention or Release Pending Review ofDecision Not to ReleaseRelease Pending Review of DecisionOrdering ReleaseModification of the Initial Order on CustodyCross Reference to 5TH CIR. R. 9.2 forBail ApplicationsPROCEEDINGS IN FORMA PAUPERISLeave to Proceed in Forma PauperisLeave to Proceed In Forma Pauperis onAppeal or Review of an AdministrativeAgency ProceedingLeave to Use Original RecordTITLE b)24(c)25foll. 22(b)foll. 23(d)GENERAL PROVISIONSFILING AND SERVICEFiling2525(a)vi

FRAPService of All Papers RequiredManner of ServiceProof of ServiceNumber of CopiesFacsimile FilingElectronic FilingCross Reference to 5TH CIR. R. 39.2for Allowable Mailing CostsCOMPUTING AND EXTENDING TIMEComputing TimeExtending TimeAdditional Time afterCertain Kinds of ServiceComputing TimeExtensions of TimeDISCLOSURE STATEMENTNongovernmental CorporationsOrganizational Victims in Criminal CasesBankruptcy CasesTime for Filing; Supplemental FilingNumber of CopiesMOTIONSIn GeneralDisposition of a Motion for a ProceduralOrderPower of a Single Judge to Entertaina MotionForm of Papers; Page Limits;Number of CopiesOral ArgumentClerk May Rule on Certain MotionsSingle Judge May Rule on Certain MotionsEmergency MotionsForm of MotionsMotions to Expedite AppealGeneral Standards for Ruling on MotionsBriefsMotions for Extension of Time to FileAnswers, Replies to Pending Motionsor to Pay Filing FeesMotions Panelsvii5TH CIR. .foll. 7.127.227.327.427.5foll. 27.5foll. 27.5foll. 27.5foll. 27.5

FRAPDistributionTo JudgesEmergency MotionsMotions After Assignment to CalendarPost-Decision MotionsExtension of Time To File Petition for Rehearing or Leave To File Out of TimeStay or Recall of MandateMotion To Amend, Correct, or Settle theJudgmentRemand from Supreme Court of the UnitedStatesBRIEFS28Appellant’s Brief28(a)Appellee’s Brief28(b)Reply Brief28(c)References to Parties28(d)References to the Record28(e)Reproduction of Statutes, Rules,Regulations, etc.28(f)Reserved28(g)Reserved28(h)Briefs in a Case Involving MultipleAppellants or Appellees28(i)Citation of Supplemental Authorities28(j)Briefs—Technical RequirementsBriefs—ContentsBrief—Order of ContentsSupplemental BriefsSigning the BriefPro Se BriefsCitation to Unpublished Opinions,Orders, etcMiscellaneous Brief InformationAcknowledgment of BriefsSample Briefs and Record ExcerptsChecklist gnation of Appellant28.1(b)Briefs28.1(c)viii5TH CIR. R.I.O.P.foll. 27.5foll. 27.5foll. 27.5foll. 27.5foll. 27.5foll. 27.5foll. 27.5foll. 27.528foll. 27.528.128.228.328.428.528.628.7foll. 28.6foll. 28.6foll. 28.6foll. 28.6

FRAPCover28.1(d)Length28.1(e)Time to Serve and File a Brief28.1(f)BRIEF OF AN AMICUS CURIAE29During Initial Consideration of a CaseOn the Merits29(a)During Consideration ofWhether to Grant Rehearing29(b)Time for Filing MotionContents and FormLength of BriefsDenial of Amicus Curiae StatusCross Reference to 5TH CIR. R. 31.2 forTime for FilingAPPENDIX TO THE BRIEFS30Appellant’s Responsibility30(a)All Parties’ Responsibilities30(b)Deferred Appendix30(c)Format of the Appendix30(d)Reproduction of Exhibits30(e)Appeal on the Original RecordWithout an Appendix30(f)Records on Appeal/Record Excerpts/Appendix—Appeals from District Courts,the Tax Court, and AgenciesAppendixCAgency Review ProceedingsSERVING AND FILING BRIEFS31Time to Serve and File a Brief31(a)Number of Copies31(b)Consequence of Failure to File31(c)Briefs—Number of Copies; ComputerGenerated BriefsBriefs—Time for Filing Briefs ofIntervenors or Amicus CuriaeBriefs—Time for Mailing or Delivery toa Commercial CarrierBriefs—Time for FilingLimits on Extensions of Time to File BriefsFORM OF BRIEFS, APPENDICES, ANDOTHER PAPERS32Form of a Brief32(a)ix5TH CIR. R.I.O.P.2929.129.229.329.430foll. 29.430.130.23131.131.231.331.432foll. 31.4.4

FRAPForm of an AppendixForm of Other PapersSignatureLocal VariationItems Excluded from LengthCertificate of ComplianceTypefaceType Volume LimitationsCertificate of ComplianceMotions for Extra-Length BriefsRejection of Briefs and Record ExcerptsCross Reference to 5TH CIR. R. 30Form of Record Excerpts/AppendixCITING JUDICIAL DISPOSITIONSAPPEAL CONFERENCESCross Reference to 5TH CIR. R. 15.3.5Regarding Prehearing ConferencesORAL ARGUMENTIn GeneralNotice of Argument; PostponementOrder and Contents of ArgumentCross-Appeals and Separate AppealsNonappearance of a PartySubmission on BriefsUse of Physical Exhibits at Argument;RemovalDocket ControlOral ArgumentsSubmission Without ArgumentNumber of Counsel To Be HeardExpediting AppealsContinuance of HearingRecording of Oral ArgumentsCriminal Justice Act CasesChecking In with Clerk’s OfficeSubmission Without ArgumentTime for Oral ArgumentAdditional Time for Oral Argumentx5TH CIR. 32.432.532.133foll. 32.53434(a)34(b)34(c)34(d)34(e)34(f)34foll. .1134.12

FRAPCalling the CalendarScreeningDecision Without Oral ArgumentCourt Year ScheduleJudge AssignmentsPanel Selection ProcedureSeparation of Assignment of Judgesand Calendaring of CasesPreparation and Publishing CalendarsGeneralCalendaring by Case TypePreference CasesNon-preference CasesCalendaring for Convenience of CounselNumber of Cases AssignedAdvance NoticeForwarding Briefs to JudgesPre-Argument PreparationIdentity of PanelOral ArgumentPresenting ArgumentLighting Signal ProcedureAppellant’s ArgumentAppellee’s ArgumentAppellant’s RebuttalCase Conferences and Designation ofWriting JudgeEN BANC DETERMINATIONWhen Hearing or Rehearing En Banc MayBe OrderedPetition for Hearing or Rehearing En BancTime for Petition for Hearing or RehearingEn BancNumber of CopiesResponseCall for a VoteCautionForm of PetitionResponse to PetitionTime and Form—ExtensionsLengthxi5TH CIR. R.I.O.P.34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.13foll. 34.133535foll. 435.5

FRAPDetermination of Causes En Banc andComposition of En Banc CourtPetition for Rehearing En BancExtraordinary Nature of Petitions forRehearing En BancThe Most Abused PrerogativeHandling of Petition by the JudgesPanel Has ControlRequesting a PollRequesting a Poll on Court’s Own MotionPolling the CourtNegative PollAffirmative PollNo Poll RequestCapital CasesENTRY OF JUDGMENT; NOTICEEntryNoticeINTEREST ON JUDGMENTWhen the Court AffirmsWhen the Court ReversesFRIVOLOUS APPEAL — DAMAGESAND COSTSCOSTSAgainst Whom AssessedCosts For and Against the United StatesCosts of CopiesBill of Costs: Objections; Insertionin MandateCosts on Appeal Taxable in the DistrictCourtTaxable RatesNonrecovery of Mailing and CommercialDelivery Service CostsTime for Filing Bills of CostsPETITION FOR PANEL REHEARINGTime to File; Contents; Answer; Actionby the Court if GrantedForm of Petition; LengthCopiesxii5TH CIR. R.I.O.P.35.6foll. 35.63636(a)36(b)3737(a)37(b)foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 35.6foll. 040(a)40(b)40.1

FRAPLimited Nature of Petition for PanelRehearingLengthTime for FilingNecessity for FilingCapital CasesMANDATE: CONTENTS; ISSUANCE ANDEFFECTIVE DATE; STAY41Contents41(a)When Issued41(b)Effective Date41(c)Staying the Mandate41(d)Stay of Mandate—Criminal AppealsRecall of MandateEffect of Granting Rehearing En BancIssuance of Mandate in Expedited Appealsor Mandamus ActionsWhen Mandate Issues, Generally andSpecific InstancesVOLUNTARY DISMISSAL42Dismissal in the District Court42(a)Dismissal in the Court of Appeals42(b)Dismissal by AppellantFrivolous and Unmeritorious AppealsDismissal for Failure to ProsecuteDismissals Without PrejudiceSUBSTITUTION OF PARTIES43Death of a Party43(a)Substitution for a Reason Other Than Death43(b)Public Officer: Identification; Substitution43(c)CASES INVOLVING A CONSTITUTIONALQUESTION WHEN THE UNITEDSTATES OR THE RELEVANT STATEIS NOT A PARTY44Constitutional Challenge to Federal Statute44(a)Constitutional Challenge to State Statute44(b)CLERK’s DUTIES45General Provisions45(a)Records45(b)Notice of an Order or Judgment45(c)Custody of Records and Papers45(d)xiii5TH CIR. R.I.O.P.40.240.340.4foll. 40.4foll. 40.44141.141.241.341.44242.142.242.342.4foll. 41.445

FRAPLocationRelease of Original PapersOffice To Be OpenOffice Hours and Phone NumbersATTORNEYSAdmission to the BarSuspension or DisbarmentDisciplineAdmission and FeesSuspension or DisbarmentEntry of AppearanceDisciplinary ActionDuties of Court Appointed CounselLOCAL RULES BY COURTS OFAPPEALSLocal RulesProcedure When There Is No ControllingLawOTHER FIFTH CIRCUIT RULESName, Seal and ProcessSessionsCircuit Executive, Library and StaffAttorneysBankruptcy AppealsPublication of OpinionsAffirmance Without Opinion.Calendaring PrioritiesAttorney’s FeesRules for the Conduct of Proceedings Underthe Judicial Conduct and Disability Act,28 U.S.C. §§ 351 et seq.Rule Governing Appeals Raising SentencingGuidelines Issues—18 U.S.C. § 3742MASTERSAppointment; PowersCompensationOTHER INTERNAL OPERATINGPROCEDURESJudicial CouncilJudicial ConferenceLawyers Advisory Committeexiv5TH CIR. 3foll. 45.3foll. 46.3foll. 47.94848(a)48(b)47.10foll. 48foll. 48foll. 48foll. 48

FRAPRecusal or Disqualification of JudgesSpecial Panels and Cases RequiringSpecial HandlingCorporate ReorganizationCChapter 11Criminal Justice Act PlanCertified Records for Supreme Court ofthe United StatesBuilding Security5TH CIR. R.I.O.P.foll. 48foll. 48foll. 48foll. 48foll. 48foll. 48FORMSForm1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a DistrictCourt2. Notice of Appeal to a Court of Appeals From a Decision of the United StatesTax Court3. Petition for Review of Order of an Agency, Board, Commission or Officer.4. Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis.5. Notice of Appeal to a Court of Appeals From a Judgment or Order of a DistrictCourt or a Bankruptcy Appellate Panel6. Certificate of Compliance with Type-Volume Limit7. Declaration of Inmate FilingAppendix: Length Limits Stated in the Federal Rules of Appellate ProcedureFifth Circuit Court of Appeals Form 1 – Guidance for Record Referencesxv

FED. R. APP. P. WITH 5TH CIR. R. & IOPsFEDERAL RULES OF APPELLATE PROCEDURE,5TH CIR. R. and INTERNAL OPERATING PROCEDURES(Effective July 1, 1968, as amended December 1, 2020)TITLE I. APPLICABILITY OF RULESFRAP 1. SCOPE OF RULES; DEFINITION; TITLE(a)Scope of Rules.(1) These rules govern procedure in the United States courts of appeals.(2) When these rules provide for filing a motion or other document in the district court,the procedure must comply with the practice of the district court.(b) Definition. In these rules, ‘state’ includes the District of Columbia and any United Statescommonwealth or territory.(c) Title. These rules are to be known as the Federal Rules of Appellate Procedure.1-1

FED. R. APP. P. WITH 5TH CIR. R. & IOPsFRAP 2. SUSPENSION OF RULESOn its own or a party’s motion, a court of appeals may — to expedite its decision or forother good cause — suspend any provision of these rules in a particular case and orderproceedings as it directs, except as otherwise provided in Rule 26(b).2-1

FED. R. APP. P. WITH 5TH CIR. R. & IOPsTITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURTFRAP 3. APPEAL AS OF RIGHT — HOW TAKEN(a) Filing the Notice of Appeal.(1)An appeal permitted by law as of right from a district court to a court of appeals maybe taken only by filing a notice of appeal with the district clerk within the timeallowed by Rule 4. At the time of filing, the appellant must furnish the clerk withenough copies of the notice to enable the clerk to comply with Rule 3(d).(2)An appellant’s failure to take any step other than the timely filing of a notice ofappeal does not affect the validity of the appeal, but is ground only for the court ofappeals to act as it considers appropriate, including dismissing the appeal.(3)An appeal from a judgment by a magistrate judge in a civil case is taken in the sameway as an appeal from any other district court judgment.(4)An appeal by permission under 28 U.S.C. § 1292(b) or an appeal in a bankruptcycase may be taken only in the manner prescribed by Rules 5 and 6, respectively.(b) Joint or Consolidated Appeals.(1)When two or more parties are entitled to appeal from a district-court judgment ororder, and their interests make joinder practicable, they may file a joint notice ofappeal. They may then proceed on appeal as a single appellant.(2)When the parties have filed separate timely notices of appeal, the appeals may bejoined or consolidated by the court of appeals.(c) Contents of the Notice of Appeal.(1)The notice of appeal must:(A) specify the party or parties taking the appeal by naming each one in the captionor body of the notice, but an attorney representing more than one party maydescribe those parties with such terms as “all plaintiffs,” “the defendants,” “theplaintiffs A, B, et al.,” or “all defendants except X”;(B) designate the judgment, order, or part thereof being appealed; and(C) name the court to which the appeal is taken.3-1

FED. R. APP. P. WITH 5TH CIR. R. & IOPs(2)A pro se notice of appeal is considered filed on behalf of the signer and the signer’sspouse and minor children (if they are parties), unless the notice clearly indicatesotherwise.(3)In a class action, whether or not the class has been certified, the notice of appeal issufficient if it names one person qualified to bring the appeal as representative of theclass.(4)An appeal must not be dismissed for informality of form or title of the notice ofappeal, or for failure to name a party whose intent to appeal is otherwise clear fromthe notice.(5)Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.(d) Serving the Notice of Appeal.(1)The district clerk must serve notice of the filing of a notice of app

i FEDERAL RULES OF APPELLATE . PROCEDURE WITH FIFTH CIRCUIT RULES AND . INTERNAL OPERATING PROCEDURES. Federal Rules of Appellate Procedure (Effective July 1, 1968, as amended to December 1, 20 20),

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