Part two of 2 of the Federal Rules of Appellate Procedure. */

FRAP 25

 FILING AND SERVICE

 (a) Filing.  Papers required or permitted to be filed in 
a court of appeals shall be filed with the clerk.  Filing may be 
accomplished by mail addressed to the clerk, but filing shall not 
be timely unless the papers are received by the clerk within the 
time fixed for filing, except that briefs and appendices shall be 
deemed filed on the day of mailing if the most expeditious form 
of delivery by mail, excepting special delivery, is utilized.  If 
a motion requests relief which 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 date of filing and 
shall thereafter transmit 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.

 (b) Service of all papers required.  Copies of all papers 
filed by any party and not required by these rules to be served 
by the clerk shall, at or before the time of filing, be served by 
a party or person acting for that party on all other parties to 
the appeal or review.  Service on a party represented by counsel 
shall be made on counsel.

 (c) Manner of service.  Service may be personal or by 
mail.  Personal service includes delivery of the copy to a clerk 
or other responsible person at the office of counsel.  Service by 
mail is complete on mailing.

 (d) Proof of service.  Papers presented for filing shall 
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 and of the names of the person served, 
certified by the person who made service.  Proof of service may 
appear on or be affixed to the papers filed.  The clerk may 
permit papers to be filed without acknowledgment or proof of 
service but shall require such to be filed promptly thereafter.

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. 
Dec. 1, 1991.)

FRAP 26

COMPUTATION AND EXTENSION OF TIME

 (a) Computation of time.  In computing any period of time 
prescribed or allowed by these rules, by an order of court, or by 
any applicable statute, the day of the act, event, or default 
from which the designated period of time begins to run shall not 
be included.  The last day of the period so computed shall be 
                           
included, unless it is a Saturday, a Sunday, or a legal holiday, 
or when the act to be done is the filing of a paper in court, a 
day on which weather or other conditions have made the office of 
the clerk of the court inaccessible, in which event the period 
runs until the end of the next day which is not one of the 
aforementioned days.  When the period of time prescribed or 
allowed is less than 7 days, intermediate Saturdays, Sundays, and 
legal holidays shall be excluded in the computation.  As used in 
this rule "legal holiday" includes New Year's Day, Birthday of 
Martin Luther King, Jr., Washington's Birthday, Memorial Day, 
Independence Day, Labor Day, Columbus Day, Veterans Day, 
Thanksgiving Day, Christmas Day, and any other day appointed as a 
holiday by the President or the Congress of the United States.  
It shall also include a day appointed as a holiday by the state 
wherein the district court which rendered the judgment or order 
which is or may be appealed from is situated, or by the state 
wherein the principal office of the clerk of the court of appeals 
in which the appeal is pending is located.

 (b) Enlargement of time.  The court for good cause shown 
may upon motion enlarge the time prescribed by these rules or by 
its order for doing any act, or may permit an act to be done 
after the expiration of such time; but the court may not enlarge 
the time for filing a notice of appeal, a petition for allowance, 
or a petition for permission to appeal.  Nor may the court 
enlarge the time prescribed by law for filing a petition to 
enjoin, set aside, suspend, modify, enforce or otherwise review, 
or a notice of appeal from, an order of an administrative agency, 
board, commission or officer of the United States, except as 
specifically authorized by law.

 (c) Additional time after service by mail.  Whenever a 
party is required or permitted to do an act within a prescribed 
period after service of a paper upon that party and the paper is 
served by mail, 3 days shall be added to the prescribed period.

Updated January 1, 1993
(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. 
July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, 
eff. Dec. 1, 1991.)

FRAP 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 shall file a 
statement identifying all parent companies, subsidiaries (except 
wholly-owned subsidiaries), and affiliates that have issued 
shares to the public.  The statement shall 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.  The 
statement shall be included in front of the table of contents in 
a party's principal brief even if the statement was previously 
filed.

FRAP 27

MOTIONS

 (a) Content of motions; response.  Unless another form is 
elsewhere prescribed by these rules, an application for an order 
or other relief shall be made by filing a motion for such order 
or relief with proof of service on all other parties.  The motion 
shall contain or be accompanied by any matter required by a 
specific provision of these rules governing such a motion, shall 
state with particularity the grounds on which it is based, and 
shall set forth the order or relief sought.  If a motion is 
supported by briefs, affidavits or other papers, they shall be 
served and filed with the motion.  Any party may file a response 
in opposition to a motion other than one for a procedural order 
[for which see subdivision (b)] within 7 days after service of 
the motion, but motions authorized by Rules 8, 9, 18 and 41 may 
be acted upon after reasonable notice, and the court may shorten 
or extend the time for responding to any motion.

 (b) Determination of motions for procedural orders.  
Notwithstanding the provisions of (a) of this Rule 27 as to 
motions generally, motions for procedural orders, including any 
motion under Rule 26(b), may be acted upon at any time, without 
awaiting a response thereto, and pursuant to rule or order of the 
court, motions for specified types of procedural orders may be 
disposed of by the clerk.  Any party adversely affected by such 
action may by application to the court request consideration, 
vacation or modification of such action.

 (c) Power of a single judge to entertain motions.  In 
addition to the authority expressly conferred by these rules or 
by law, a single judge of a court of appeals may entertain and 
may grant or deny any request for relief which under these rules 
may properly be sought by motion, except that a single judge may 
not dismiss or otherwise determine an appeal or other proceeding, 
and except that a court of appeals may provide by order or rule 
that any motion or class of motions must be acted upon by the 
court.  The action of a single judge may be reviewed by the 
court.

 (d) Form of papers; number of copies.  All papers 
relating to motions may be typewritten.  Three copies shall be 
filed with the original, but the court may require that 
additional copies be furnished.


FRAP 28

 BRIEFS

 (a) Brief of the appellant.  The brief of the appellant 
shall contain under appropriate headings and in the order here 
indicated:

 (1) A table of contents, with page references, and a 
table of cases (alphabetically arranged), statutes and other 
authorities cited, with references to the pages of the brief 
where they are cited.

 (2) A statement of subject matter and appellate 
jurisdiction.  The statement shall include: (i) a statement of 
the basis for subject matter jurisdiction in the district court 
or agency, with citation to applicable statutory provisions and 
with reference to the relevant facts to establish such 
jurisdiction; (ii) a statement of the basis for jurisdiction in 
the court of appeals, with citation to applicable statutory 
provisions and with reference to the relevant facts to establish 
such jurisdiction; the statement shall include relevant filing 
dates establishing the timeliness of the appeal or petition for 
review and (a) shall state that the appeal is from a final order 
or a final judgment that disposes of all claims with respect to 
all parties or, if not, (b) shall include information 
establishing that the court of appeals has jurisdiction on some 
other basis.

 (3) A statement of the issues presented for review.

 (4) A statement of the case.  The statement shall first 
indicate briefly the nature of the case, the course of 
proceedings, and its disposition in the court below.  There shall 
follow a statement of the facts relevant to the issues presented 
for review, with appropriate references to the record (see 
subdivision (e)).

 (5) An argument.  The argument may be preceded by a 
summary.  The argument shall contain the contentions of the 
appellant with respect to the issues presented, and the reasons 
therefor, with citations to the authorities, statutes and parts 
of the record relied on.

 (6) A short conclusion stating the precise relief sought.

 (b) Brief of the appellee.  The brief of the appellee 
shall conform to the requirements of subdivision (a)(1)-(5), 
except that a statement of jurisdiction, of the issues, or of the 
case need not be made unless the appellee is dissatisfied with 
the statement of the appellant.

 (c) Reply brief.  The appellant may file a brief in reply 
to the brief of the appellee, and if the appellee has cross-
appealed, the appellee may file a brief in reply to the response 
of the appellant to the issues presented by the cross appeal.  No 
further briefs may be filed except with leave of court.  All 
reply briefs shall contain a table of contents, with page 
references, and a table of cases (alphabetically arranged), 
statutes and other authorities cited, with references to the 
pages of the reply brief where they are cited.

 (d) References in briefs to parties.  Counsel will be 
expected in their briefs and oral arguments to keep to a minimum 
references to parties by such designations as "appellant" and 
"appellee." It promotes clarity to use the designations used in 
the lower court or in the agency proceedings, or the actual names 
of parties, or descriptive terms such as "the employee," "the 
injured person," "the taxpayer," "the ship," "the stevedore," 
etc.

 (e) References in briefs to the record.  References in 
the briefs to parts of the record reproduced in the appendix 
filed with the brief of the appellant (see Rule 30(a)) shall be 
to the pages of the appendix at which those parts appear.  If the 
appendix is prepared after the briefs are filed, references in 
the briefs to the record shall be made by one of the methods 
allowed by Rule 30(c).  If the record is reproduced in accordance 
with the provisions of Rule 30(f), or if references are made in 
the briefs to parts of the record not reproduced, the references 
shall be to the pages of the parts of the record involved; e.g., 
Answer p. 7, Motion for Judgment p. 2, Transcript p. 231.  
Intelligible abbreviations may be used.  If reference is made to 
evidence the admissibility of which is in controversy, reference 
shall be made to the pages of the appendix or of the transcript 
at which the evidence was identified, offered, and received or 
rejected.

 (f) Reproduction of statutes, rules, regulations, etc.  
If determination of the issues presented requires the study of 
statutes, rules, regulations, etc. or relevant parts thereof, 
they shall be reproduced in the brief or in an addendum at the 
end, or they may be supplied to the court in pamphlet form.

 (g) Length of briefs.  Except by permission of the court, 
or as specified by local rule of the court of appeals, principal 
briefs shall not exceed 50 pages, and reply briefs shall not 
exceed 25 pages, exclusive of pages containing the table of 
contents, tables of citations and any addendum containing 
statutes, rules, regulations, etc.

 (h) Briefs in cases involving cross appeals.  If a cross 
appeal is filed, the party who first files a notice of appeal, or 
in the event that the notices are filed on the same day, the 
plaintiff in the proceeding below, shall be deemed the appellant 
for the purposes of this rule and Rules 30 and 31, unless the 
parties otherwise agree or the court otherwise orders.  The brief 
of the appellee shall conform to the requirements of subdivision 
(a)(1)-(6) of this rule with respect to the appellee's cross 
appeal as well as respond to the brief of the appellant except 
that a statement of the case need not be made unless the appellee 
is dissatisfied with the statement of the appellant.

 (i) Briefs in cases involving multiple appellants or 
appellees.  In cases involving more than 1 appellant or appellee, 
including cases consolidated for purposes of the appeal, any 
number of either may join in a single brief, and any appellant or 
appellee may adopt by reference any part of the brief of another.  
Parties may similarly join in reply briefs.

 (j) Citation of supplemental authorities.  When pertinent 
and significant authorities come to the attention of a party 
after the party's brief has been filed, or after oral argument 
but before decision, a party may promptly advise the clerk of the 
court, by letter, with a copy to all counsel, setting forth the 
citations.  There shall be a reference either to the page of
the brief or to a point argued orally to which the citations 
pertain, but the letter shall without argument state the reasons 
for the supplemental citations.  Any response shall be made 
promptly and shall be similarly limited.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. 
July 1, 1986, Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, 
eff. Dec. 1, 1991.)

FRAP 29

BRIEF OF AN AMICUS CURIAE

 A brief of an amicus curiae may be filed only if 
accompanied by written consent of all parties, or by leave of 
court granted on motion or at the request of the court, except 
that consent or leave shall not be required when the brief is 
presented by the United States or an officer or agency thereof, 
or by a State, Territory or Commonwealth.  The brief may be 
conditionally filed with the motion for leave.  A motion for 
leave shall identify the interest of the applicant and shall 
state the reasons why a brief of an amicus curiae is desirable.  
Save as all parties otherwise consent, any amicus curiae shall 
file its brief within the time allowed the party whose position 
as to affirmance or reversal the amicus brief will support unless 
the court for cause shown shall grant leave for later filing, in 
which event it shall specify within what period an opposing party 
may answer.  A motion of an amicus curiae to participate in the 
oral argument will be granted only for extraordinary reasons.


FRAP 31

 FILING AND SERVICE OF BRIEFS

 (a) Time for serving and filing briefs.  The appellant 
shall serve and file a brief within 40 days after the date on 
which the record is filed.  The appellee shall serve and file a 
brief within 30 days after service of the brief of the appellant.  
The appellant may serve and file a reply brief within 14 days 
after service of the brief of the appellee, but, except for good 
cause shown, a reply brief must be filed at least 3 days before 
argument.  If a court of appeals is prepared to consider cases on 
the merits promptly after briefs are filed, and its practice is 
to do so, it may shorten the periods prescribed above for serving 
and filing briefs, either by rule for all cases or for classes of 
cases, or by order for specific cases.

 (b) Number of copies to be filed and served.  Twenty-five 
copies of each brief shall be filed with the clerk, unless the 
court by order in a particular case shall direct a lesser number, 
and 2 copies shall be served on counsel for each party separately 
represented.  If a party is allowed to file typewritten ribbon 
and carbon copies of the brief, the original and 3 legible copies 
shall be filed with the clerk, and 1 copy shall be served on 
counsel for each party separately represented.

 (c) Consequence of failure to file briefs.  If an 
appellant fails to file a brief within the time provided by this 
rule, or within the time as extended, an appellee may move for 
dismissal of the appeal.  If an appellee fails to file a brief, 
the appellee will not be heard at oral argument except by 
permission of the court.

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. 
July 1, 1986.)


FRAP 32

FORM OF BRIEFS, THE APPENDIX AND OTHER PAPERS

 (a) Form of briefs and the appendix.  Briefs and 
appendices may be produced by standard typographic printing or by 
any duplicating or copying process which produces a clear black 
image on white paper.  Carbon copies of briefs and appendices may 
not be submitted without permission of the court, except in 
behalf of parties allowed to proceed in forma pauperis.  All 
printed matter must appear in at least 11 point type on opaque, 
unglazed paper.  Briefs and appendices produced by the standard 
typographic process shall be bound in volumes having pages 6 1/8 
by 9 1/4 inches and type matter 4 1/6 by 7 1/6 inches.  Those 
produced by any other process shall be bound in volumes having 
pages not exceeding 8 by 11 inches and type matter not exceeding 
6 by 9 inches, with double spacing between each line of text.  In 
patent cases the pages of briefs and appendices may be of such 
size as is necessary to utilize copies of patent documents.  
Copies of the reporter's transcript and other papers reproduced 
in a manner authorized by this rule may be inserted in the 
appendix; such pages may be informally renumbered if necessary.

 If briefs are produced by commercial printing or 
duplicating firms, or, if produced otherwise and the covers to be 
described are available, the cover of the brief of the appellant 
should be blue; that of the appellee, red; that of an intervenor 
or amicus curiae, green; that of any reply brief, gray.  The 
cover of the appendix, if separately printed, should be white.  
The front covers of the briefs and of appendices, if separately 
printed, shall contain:  (1) the name of the court and the number 
of the case; (2) the title of the case (see Rule 12(a)); (3) the 
nature of the proceeding in the court (e.g., Appeal; Petition for 
Review) and the name of the court, agency, or board below; (4) 
the title of the document (e.g., Brief for Appellant, Appendix); 
and (5) the names and addresses of counsel representing the party 
on whose behalf the document is filed.

 (b) Form of other papers.  Petitions for rehearing shall 
be produced in a manner prescribed by subdivision (a).  Motions 
and other papers may be produced in like manner, or they may be 
typewritten upon opaque, unglazed paper 8 by 11 inches in size.  
Lines of typewritten text shall be double spaced.  Consecutive 
sheets shall be attached at the left margin.  Carbon copies may 
be used for filing and service if they are legible.

 A motion or other paper addressed to the court shall 
contain a caption setting forth the name of the court, the title 
of the case, the file number, and a brief descriptive title 
indicating the purpose of the paper.


FRAP 33

PREHEARING CONFERENCE

 The court may direct the attorneys for the parties to 
appear before the court or a judge thereof for a prehearing 
conference to consider the simplification of the issues and such 
other matters as may aid in the disposition of the proceeding by 
the court.  The court or judge shall make an order which recites 
the action taken at the conference and the agreements made by the 
parties as to any of the matters considered and which limits the 
issues to those not disposed of by admissions or agreements of 
counsel, and such order when entered controls the subsequent 
course of the proceeding, unless modified to prevent manifest 
injustice.

FRAP 34

ORAL ARGUMENT

 (a) In general; local rule.  Oral argument shall be 
allowed in all cases unless pursuant to local rule a panel of 3 
judges, after examination of the briefs and record, shall be 
unanimously of the opinion that oral argument is not needed.  Any 
such local rule shall provide any party with an opportunity to 
file a statement setting forth the reasons why oral argument 
should be heard.  A general statement of the criteria employed in 
the administration of such local rule shall be published in or 
with the rule and such criteria shall conform substantially to 
the following minimum standard:

 Oral argument will be allowed unless

 (1) the appeal is frivolous; or

 (2) the dispositive issue or set of issues has been 
recently authoritatively decided; or

 (3) the facts and legal arguments are adequately 
presented in the briefs and record and the decisional process 
would not be significantly aided by oral argument.

 (b) Notice of argument; postponement.  The clerk shall 
advise all parties whether oral argument is to be heard, and if 
so, of the time and place therefor, and the time to be allowed 
each side.  A request for postponement of the argument or for 
allowance of additional time must be made by motion filed 
reasonably in advance of the date fixed for hearing.

 (c) Order and content of argument.  The appellant is 
entitled to open and conclude the argument.  The opening argument 
shall include a fair statement of the case.  Counsel will not be 
permitted to read at length from briefs, records or authorities.

 (d) Cross and separate appeals.  A cross or separate 
appeal shall be argued with the initial appeal at a single 
argument, unless the court otherwise directs.  If a case involves 
a cross appeal, the party who first files a notice of appeal, or 
in the event that the notices are filed on the same day the 
plaintiff in the proceeding below, shall be deemed the appellant 
for the purpose of this rule unless the parties otherwise agree 
or the court otherwise directs.  If separate appellants support 
the same argument, care shall be taken to avoid duplication of 
argument.

 (e) Non-appearance of parties.  If the appellee fails to 
appear to present argument, the court will hear argument on 
behalf of the appellant, if present.  If the appellant fails to 
appear, the court may hear argument on behalf of the appellee, if 
present.  If neither party appears, the case will be decided on 
the briefs unless the court shall otherwise order.

 (f) Submission on briefs.  By agreement of the parties, a 
case may be submitted for decision on the briefs, but the court 
may direct that the case be argued.

 (g) Use of physical exhibits at argument; removal.  If 
physical exhibits other than documents are to be used at the 
argument, counsel shall arrange to have them placed in the court 
room before the court convenes on the date of the argument.  
After the argument counsel shall cause the exhibits to be removed 
from the court room unless the court otherwise directs.  If 
exhibits are not reclaimed by counsel within a reasonable time 
after notice is given by the clerk, they shall be destroyed or 
otherwise disposed of as the clerk shall think best.

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. 
July 1, 1986; Apr. 30, 1991, eff. Dec.1, 1991.)

FRAP 35

DETERMINATION OF CAUSES BY THE COURT IN BANC

 (a)  When hearing or rehearing in banc will be ordered.  
A majority of the circuit judges who are in regular active 
service may order that an appeal or other proceeding be heard or 
reheard by the court of appeals in banc.  Such a hearing or 
rehearing is not favored and ordinarily will not be ordered 
except (1) when consideration by the full court is necessary to 
secure or maintain uniformity of its decisions, or (2) when the 
proceeding involves a question of exceptional importance.

 (b) Suggestion of a party for hearing or rehearing in 
banc.  A party may suggest the appropriateness of a hearing or 
rehearing in banc.  No response shall be filed unless the court 
shall so order.  The clerk shall transmit any such suggestion to 
the members of the panel and the judges of the court who are in 
regular active service but a vote need not be taken to determine 
whether the cause shall be heard or reheard in banc unless a 
judge in regular active service or a judge who was a member of 
the panel that rendered a decision sought to be reheard requests 
a vote on such a suggestion made by a party.

 (c) Time for suggestion of a party for hearing or 
rehearing in banc; suggestion does not stay mandate.  If a party 
desires to suggest that an appeal be heard initially in banc, the 
suggestion must be made by the date on which the appellee's brief 
is filed.  A suggestion for a rehearing in banc must be made 
within the time prescribed by Rule 40 for filing a petition for 
rehearing, whether the suggestion is made in such petition or 
otherwise.  The pendency of such a suggestion whether or not 
included in a petition for rehearing shall not affect the 
finality of the judgment of the court of appeals or stay the 
issuance of the mandate.

(As amended Apr. 1, 1979, eff. Aug. 1, 1979.)


FRAP 36

ENTRY OF JUDGMENT

 The notation of a judgment on the docket constitutes 
entry of the judgment.  The clerk shall prepare, sign and enter 
the judgment following receipt of the opinion of the court unless 
the opinion directs settlement of the form of the judgment, in 
which event the clerk shall prepare, sign and enter the judgment 
following final settlement by the court.  If a judgment is 
rendered without an opinion, the clerk shall prepare, sign and 
enter the judgment following instruction from the court.  The 
clerk shall, on the date judgment is entered, mail to all parties 
a copy of the opinion, if any, or of the judgment if no opinion 
was written, and notice of the date of entry of the judgment.

FRAP 37

INTEREST ON JUDGMENTS

 Unless otherwise provided by law, if a judgment for money 
in a civil case is affirmed, whatever interest is allowed by law 
shall be payable from the date the judgment was entered in the 
district court.  If a judgment is modified or reversed with a 
direction that a judgment for money be entered in the district 
court, the mandate shall contain instructions with respect to 
allowance of interest.

FRAP 38

DAMAGES FOR DELAY

 If a court of appeals shall determine that an appeal is 
frivolous, it may award just damages and single or double costs 
to the appellee.


FRAP 39

COSTS

 (a) To whom allowed.  Except as otherwise provided by 
law, if an appeal is dismissed, costs shall be taxed against the 
appellant unless otherwise agreed by the parties or ordered by 
the court; if a judgment is affirmed, costs shall be taxed 
against the appellant unless otherwise ordered; if a judgment is 
reversed, costs shall be taxed against the appellee unless 
otherwise ordered; if a judgment is affirmed or reversed in part, 
or is vacated, costs shall be allowed only as ordered by the 
court.

 (b) Costs for and against the United States.  In cases 
involving the United States or an agency or officer thereof, if 
an award of costs against the United State is authorized by law, 
costs shall be awarded in accordance with the provisions of 
subdivision (a); otherwise, costs shall not be awarded for or 
against the United States.

 (c) Costs of briefs, appendices, and copies of records.  
By local rule the court of appeals shall fix the maximum rate at 
which the cost of printing or otherwise producing necessary 
copies of briefs, appendices, and copies of records authorized by 
Rule 30(f) shall be taxable.  Such rate shall not be higher than 
that generally charged for such work in the area where the 
clerk's office is located and shall encourage the use of 
economical methods of printing and copying.

 (d) Bill of costs; objections; costs to be inserted in 
mandate or added later.  A party who desires such costs to be 
taxed shall state them in an itemized and verified bill of costs 
which the party shall file with the clerk, with proof of service, 
within 14 days after the entry of judgment.  Objections to the 
bill of costs must be filed within 10 days of service on the 
party against whom costs are to be taxed unless the time is 
extended by the court.  The clerk shall prepare and certify an 
itemized statement of costs taxed in the court of appeals for 
insertion in the mandate, but the issuance of the mandate shall 
not be delayed for taxation of costs and if the mandate has been 
issued before final determination of costs, the statement, or any 
amendment thereof, shall be added to the mandate upon request by 
the clerk of the court of appeals to the clerk of the district 
court.

 (e) Costs on appeal taxable in the district courts.  
Costs incurred in the preparation and transmission of the record, 
the cost of the reporter's transcript, if necessary for the 
determination of the appeal, the premiums paid for cost of 
supersedeas bonds or other bonds to preserve rights pending 
appeal, and the fee for filing the notice of appeal shall be 
taxed in the district court as costs of the appeal in favor of 
the party entitled to costs under this rule.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. 
July 1, 1986.)


FRAP 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.  The petition shall state with 
particularity the points of law or fact which in the opinion of 
the petitioner the court has overlooked or misapprehended and 
shall 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.

 (b) Form of petition; length.  The petition shall be in a 
form prescribed by Rule 32(a), and copies shall be served and 
filed as prescribed by Rule 31(b) for the service and filing of 
briefs.  Except by permission of the court, or as specified by 
local rule of the court of appeals, a petition for rehearing 
shall not exceed 15 pages.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979.)

FRAP 42

VOLUNTARY DISMISSAL

 (a) Dismissal in the district court.  If an appeal has 
not been docketed, the appeal may be dismissed by the district 
court upon the filing in that court of a stipulation for 
dismissal signed by all the parties, or upon motion and notice by 
the appellant.

 (b)  Dismissal in the court of appeals.  If the parties 
to an appeal or other proceeding shall sign and file with the 
clerk of the court of appeals an agreement that the proceeding be 
dismissed, specifying the terms as to payment of costs, and shall 
pay whatever fees are due, the clerk shall enter the case 
dismissed, but no mandate or other process shall issue without an 
order of the court.  An appeal may be dismissed on motion of the 
appellant upon such terms as may be agreed upon by the parties or 
fixed by the court.

FRAP 43

SUBSTITUTION OF PARTIES

 (a) Death of a party.  If a party dies after a notice of 
appeal is filed or while a proceeding is otherwise pending in the 
court of appeals, the personal representative of the deceased 
party may be substituted as a party on motion filed by the 
representative or by any party with the clerk of the court of 
appeals.  The motion of a party shall be served upon the 
representative in accordance with the provisions of Rule 25.  If 
the deceased party has no representative, any party may suggest 
the death on the record and proceedings shall then be had as the 
court of appeals may direct.  If a party against whom an appeal 
may be taken dies after entry of a judgment or order in the 
district court but before a notice of appeal is filed, an 
appellant may proceed as if death had not occurred.  After the 
notice of appeal is filed substitution shall be effected in the 
court of appeals in accordance with this subdivision.  If a party 
entitled to appeal shall die before filing a notice of appeal, 
the notice of appeal may be filed by that party's personal 
representative, or, if there is no personal representative by 
that party's attorney of record within the time prescribed by 
these rules.  After the notice of appeal is filed substitution 
shall be effected in the court of appeals in accordance with this 
subdivision.

 (b) Substitution for other causes.  If substitution of a 
party in the court of appeals is necessary for any reason other 
than death, substitution shall be effected in accordance with the 
procedure prescribed in subdivision (a).

 (c) Public officers; death or separation from office.

 (1) When a public officer is party to an appeal or other 
proceeding in the court of appeals in an official capacity and 
during its pendency dies, resigns or otherwise ceases to hold 
office, the action does not abate and the public officer's 
successor is automatically substituted as a party.  Proceedings 
following the substitution shall be in the name of the 
substituted party, but any misnomer not affecting the substantial 
rights of the parties shall be disregarded.  An order of 
substitution may be entered at any time, but the omission to 
enter such an order shall not affect the substitution.

 (2) When a public officer is a party to an appeal or 
other proceeding in an official capacity that public officer may 
be described as a party by the public officer's official title 
rather than by name; but the court may require the public 
officer's name to be added.

(As amended Mar. 10, 1986, eff. July 1, 1986.)

FRAP 44

CASES INVOLVING CONSTITUTIONAL QUESTIONS 
WHERE UNITED STATES IS NOT A PARTY

 It shall be the duty of a party who draws in question the 
constitutionality of any Act of Congress in any proceeding in a 
court of appeals to which the United States, or any agency 
thereof, or any officer or employee thereof, as such officer or 
employee, is not a party, upon the filing of the record, or as 
soon thereafter as the question is raised in the court of 
appeals, to give immediate notice in writing to the court of the 
existence of said question.  The clerk shall thereupon certify 
such fact to the Attorney General.


FRAP 45

 DUTIES OF CLERKS

 (a) General provisions.  The clerk of a court of appeals 
shall take the oath and give the bond required by law.  Neither 
the clerk nor any deputy clerk shall practice as an attorney or 
counselor in any court while continuing in office.  The court of 
appeals shall be deemed always open for the purpose of filing any 
proper paper, of issuing and returning process and of making 
motions and orders.  The office of the clerk with the clerk or a 
deputy in attendance shall be open during business hours on all 
days except Saturdays, Sundays, and legal holidays, but a court 
may provide by local rule or order that the office of its clerk 
shall be open for specified hours on Saturdays or on particular 
legal holidays other than New Year's Day, Birthday of Martin 
Luther King, Jr., Washington's Birthday, Memorial Day, 
Independence Day, Labor Day, Columbus Day, Veterans Day, 
Thanksgiving Day, and Christmas Day.

 (b) The docket; calendar; other records required.  The 
clerk shall maintain a docket in such form as may be prescribed 
by the Director of the Administrative Office of the United States 
Courts.  The clerk shall enter a record of all papers filed with 
the clerk and all process, orders and judgments.  An index of 
cases contained in the docket shall be maintained as prescribed 
by the Director of the Administrative Office of the United States 
Courts.

 The clerk shall prepare, under the direction of the 
court, a calendar of cases awaiting argument.  In placing cases 
on the calendar for argument, the clerk shall give preference to 
appeals in criminal cases and to appeals and other proceedings 
entitled to preference by law.

 The clerk shall keep such other books and records as may 
be required from time to time by the Director of the 
Administrative Office of the United States Courts with the 
approval of the Judicial Conference of the United States, or as 
may be required by the court.

 (c) Notice of orders or judgments.  Immediately upon the 
entry of an order or judgment the clerk shall serve a notice of 
entry by mail upon each party to the proceeding together with a 
copy of any opinion respecting the order or judgment, and shall 
make a note in the docket of the mailing.  Service on a party 
represented by counsel shall be made on counsel.

 (d) Custody of records and papers.  The clerk shall have 
custody of the records and papers of the court.  The clerk shall 
not permit any original record or paper to be taken from the 
clerk's custody except as authorized by the orders or 
instructions of the court.  Original papers transmitted as the 
record on appeal or review shall upon disposition of the case be 
returned to the court or agency from which they were received.  
The clerk shall preserve copies of briefs and appendices and 
other printed papers filed.

(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. 
July 1, 1986.)


FRAP 46

ATTORNEYS

 (a)  Admission to the bar of a court of appeals; 
eligibility; procedure for admission.  An attorney who has been 
admitted to practice before the Supreme Court of the United 
States, or the highest court of a state, or another United States 
court of appeals, or a United States district court (including 
the district courts for the Canal Zone, Guam and the Virgin 
Islands), and who is of good moral and professional character, is 
eligible for admission to the bar of a court of appeals.

 An applicant shall file with the clerk of the court of 
appeals, on a form approved by the court and furnished by the 
clerk, an application for admission containing the applicant's 
personal statement showing eligibility for membership.  At the 
foot of the application the applicant shall take and subscribe to 
the following oath or affirmation:

 I, , do solemnly swear (or affirm) that I will demean 
myself as an attorney and counselor of this court, uprightly and 
according to law; and that
 
        I will support the Constitution of the United States.

 Thereafter, upon written or oral motion of a member of 
the bar of the court, the court will act upon the application.  
An applicant may be admitted by oral motion in open court, but it 
is not necessary that the applicant appear before the court for 
the purpose of being admitted, unless the court shall otherwise 
order.  An applicant shall upon admission pay to the clerk the 
fee prescribed by rule or order of the court.

 (b) Suspension or disbarment.  When it is shown to the 
court that any member of its bar has been suspended or disbarred 
from practice in any other court of record, or has been guilty of 
conduct unbecoming a member of the bar of the court, the member 
will be subject to suspension or disbarment by the court.  The 
member shall be afforded an opportunity to show good cause, 
within such time as the court shall prescribe, why the member 
should not be suspended or disbarred.  Upon the member's response 
to the rule to show cause, and after hearing, if requested, or 
upon expiration of the time prescribed for a response if no 
response is made, the court shall enter an appropriate
order.

 (c) Disciplinary power of the court over attorneys.  A 
court of appeals may, after reasonable notice and an opportunity 
to show cause to the contrary, and after hearing, if requested, 
take any appropriate disciplinary action against any attorney who 
practices before it for conduct unbecoming a member of the bar or 
for failure to comply with these rules or any rule of the court.

(As amended Mar. 10, 1986, eff. July 1, 1986.)


FRAP 48

TITLE

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



APPENDIX OF FORMS

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

United States District Court for the


 District of

 File Number

 A.B., Plaintiff

 vs.
 Notice of Appeal

 C.D., Defendant


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

 (s)


 (Address)


 Attorney for C.D.

 Updated January 1, 1993

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

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

 A.B., Petitioner

 vs.


 Docket No.

Commissioner of Internal Revenue, 
Respondent.


 Notice of Appeal

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

 (s)


 (Address)


 Counsel for A.B.

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

United States Court of Appeals for the 
Circuit


 A.B., Petitioner

 vs.


 Petition for Review

XYZ Commission, Respondent

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

 Attorney for Petitioner

 Address:

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


United States District Court for the


 District of


 United States of America

 vs.


 No.

 A.B.

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

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


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

 1. Are you presently employed?

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

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

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

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

Form 4. Continued

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

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

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

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

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


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



_______________________________________

SUBSCRIBED AND SWORN TO before me this day of
 19 .

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



_______________________________________
 District Judge


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

 United States District Court for the
 _____________________________________

 District of
 ________________________________

 In re
 )

 )
 ________________________
 )
 Debtor


 )

 )
 _________________________
 ) File No. __________
 Plaintiff


 )

 )
 v.


 )

 )
 ________________________
 )
 Defendant


 )


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

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


 Dated ____________________________

 Signed ___________________________


Attorney for Appellant

 Address: _________________________

 __________________________________

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


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