Internal Operating Procedures of the U.S. Court of Appeals for the Eleventh Circuit

     [||77207ba8-0acf-4c74-9606-5363ee51cc8e||] UNITED STATES COURT OF APPEALS 

FOR THE ELEVENTH CIRCUIT 

  

    
  

Internal Operating Procedures 

Effective October 1, 1981  



  

INTERNAL OPERATING PROCEDURES 
OF THE 

UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 

TABLE OF CONTENTS   

INTRODUCTION 

I. COURT STRUCTURE 

A. ‘Physical FacilitieS.sveveeses Rl TGR OO Ie nF LRN 1 

B. Judges and Supporting Personnel......... Kav v nvinion vue tinne nin 1 

1. Judges 

2. Circuit Executive 

3. Clerk's Office 
4, Office of Staff Attorneys 
5. Library 

GC. Judicial Countil..veersvnrseisnvisvrsorseernasvinnersnsnsneess 2 

IT. ATTORNEYS 

A. Admission and FeeS..esevesee ALS Yih ae wale PRIMER, She EE .o 3 

B. Disciplinary Action.s..vvee cx srsennavsibviey PILI Oe ER 4 3 

III. PRE-DOCKETING PROCEDURES 

Be FL1ING Pols cisnmesosnervsvsiorsimssineressonetns vanessses aves 3 

1. Appeals 

2. Agency Proceedings 

B. Court Reporter and Reporter's Transcript..c.ceeececeee. Serena 3 

1. Ordering the Transcript 

2. Duties of Court Reporters; Extensions of Time 

3. Transmission of Record 

C. In Forma Pauperis Mandamus Petitions and Similar Relief.... 4 

D. Pro Se ApplicationS...cvsvescnsesses Sin nie iets ois bin oN or ain 4 

IV. PROCEDURES FROM DOCKETING TO ORAL ARGUMENT 

® A. Telephone Inquiries...vesteescecsvesscesssnesos Cueva mies eine 4 

B. Emergency Telephone Inquiries after Hours....ceeceeeeceoces 5 

 



  

G. 

Docketing an Appeal....eees.. POR FRE TR PERL THA 

Briefing Notice. cc svinsssvsinsonoootiasvosss “oaine nse PT 

Motion Practice.. ® ® ® 0 0 0 ® © 6 0 © © 0 5 OO OO SO O° OOS BS OS See OEE oo 

1. Form of Motion 

2. Acknowledgment 

3. Motions Panels 
4, Motions for Procedural Orders Acted Upon by Clerk 

5. Routing Procedures to Judges 

6. Emergency Motion Procedure 
7. Motions to Expedite Appeals 

8. Motions for Extensions of Time to File Brief 

9. Motions for Amicus Brief 

10. Reconsideration 

11. Motions after Assignment to Calendar 

12. Post-Decision Motions 

Briefs, Records and AppendicesS...cceee.. RL 2 RE a 

1. General 

2. Briefs - Forms 

3. Briefs: Reply-Supplemental-Cross Appeal-Amicus 

~-NLBR Cases 
4, Briefs-Time 

5. Briefs-Miscellaneous Information 

Screening and Non-Argument Calendar. © © 0° 000000000000 00 

V. PROCEDURES FROM ORAL ARGUMENT THROUGH ISSUANCE OF MANDATE 

A. Oral Argument. secvsssvvssonvoss sees svar ees esse suns 

1. Court Year Schedule 

2. Location of Court Sessions 

3. Forwarding Briefs to Judges 
4. Pre-argument Preparation and Memoranda 

5. Identity of Panel 

6. Checking In with Clerk's Office 
7. Continuance of Oral Argument 
8. Submission Without Argument 

9. Failure to Appear for Oral Argument 

10. Time for Oral Argument 

11. Additional Time for Oral Argument 

12. Calling the Calendar 

13. Presenting Argument 

14. Lighting Signal Procedure 

15. Case Conferences and Designation of Writing Judge 

16. Recording of Oral Arguments 

B. OpinionSeseecceecceceess Te TITTY ‘ovisne ven 

Processing of Opinions 

. Circulation to Non-Panel Members 

Publication of Opinions 

. Release of Opinions H
O
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ii 

10 

1) 

15 

 



  

D. 

* » 

Petitions for Rehearing and Suggestions for Rehearing 

Fn BaAnC.escesensnve von vive ets vane sree erars issn rns 

1. Necessity for Filing 

2. Petition for Panel Rehearing 

3. Response to Petitions 
4, Time and Form - Extensions 

Issuance or Stay of Mandate... vsvsvnesnnssssrversnnee 

VI. MISCELLANEOUS INFORMATION 

  

  

A. Fifth Circuit Court of Appeals Reorganization Act of 

1980 (P.L. 96-452, October 14, 1980) eco e000 000 ee es see 

Be SEAtISLiCS rs cnnsvssssnsnnsensinnwrosnss . onanism a sine 

Ce "Judicial Conferente..csvsensssvsivsnvaci sia wieainie innininie 

D. Recusal or Disqualification of Judges........ vuinieme vies 

1. Grounds 

2. Procedure 

BE. Complaints Against JudgSeS.iscs sede csovrnnsssssesennes 

F. Certified Records for Supreme Court of the United 

SEALE. vesnivensnvnrsevnss tsi ssssn ns steiner ernne . 

G. Dismissal of Appeals....... a En EN a TR 

H. Special Panels and Cases Requiring Special Handling... 

1. Corporate Reorganization 

2. Federal Energy Regulatory Commission CaseS........ 

I. Labor Board Original Contempt ProceedingS....ceeceeeeee 

1. Assignment to Panel 

2. Where Evidentiary Hearing Required 

3. Proceedings after Master's Report 

J. ‘Direct Appeals for Bankruptcy COUurtS.ei costs vs ses viensivs 

APPENDIX TITLE 

ONE Clerk of Court Supervisory Officials 

AVAILABLE ADDENDA 

ONE Twenty Pages and Twenty Minutes - Chief Judge John C. Godbold 
  

iii 

16 

18 

18 

18 

19 

19 

20 

20 

20 

20 

21 

21 

22 

23 

 



  

UNITED STATES COURT OF APPEALS 

ELEVENTH CIRCUIT 

INTERNAL OPERATING PROCEDURES 

The following outline of Internal Operating Procedures (IOP) will assist 
practitioners in the Eleventh Circuit in submitting cases for prompt disposition 
by the court. The Internal Operating Procedures describe the internal workings 
of the clerk's office and the court. Although there are necessary exceptions, 
an effort has been made by the court not to duplicate in the Internal Operating 
Procedures with the Eleventh Circuit Rules or FRAP. 

INTRODUCTION   

This manual deals with the responsibilities, functions, organization, and 
procedures of the clerk's office in day-to-day administration of the court's 
rules and policies in the processing of appeals. It also sets out the work of 
the judges, judge assignments, calendaring, processing of opinions, and other 
internal operating procedures of the court. 

The large volume of business requires that the court's procedures be care- 
fully organized to increase efficiency, and conserve the energies both of judges 
and supporting personnel. Improved procedures are continually being tested and 
improvements adopted if found suitable. 

I. COURT STRUCTURE   

A. PHYSICAL FACILITIES 
  

The headquarters of the United States Court of Appeals for the Eleventh 
Circuit, is located at 56 Forsyth Street, N.W., Atlanta, Georgia, 30303, in the 
United States Court of Appeals Courthouse, formerly known as "The 0ld Post 
Office". (This should be distinguished from the Federal Courthouse. Such a 

direction to a taxi driver will normally land you at The Russell Building, which 
houses the district courts.) The courthouse contains two courtrooms, chambers 

for judges, the circuit executive's office, the clerk's office, office of staff 
attorneys, and the library. 

B: JUDGES AND SUPPORTING PERSONNEL 
  

1. Judges - The Eleventh Circuit has 12 authorized active judges. Each 
active judge's office, maintained in the place of residence, is authorized three 
law clerks and two secretaries. The chief judge is authorized one additional 

 



  

secretary. Several senior judges maintain offices and staffs commensurate with 
the judicial work they choose to do, and sit on oral argument panels several 
times during the year. Senior judges do not normally participate in the adminis- 
trative or non-oral argument work of the court, although they are authorized by 
law to do so. 

2. Circuit Executive - The circuit executive is the chief administrative 
officer of the court. The circuit executive's office has five authorized po- 
sitions: the circuit executive, two staff assistants and two secretaries. See 

28 U.S.C.A. Section 332; 11th Cir. R. 4. 

  

3. Clerk's Office - The clerk's office is staffed by the clerk and 29 
deputy clerks. The office is divided into two divisions, the judicial support 
division and the administrative support division. See FRAP 45, 11th Cir. R. 5 

  

Office hours are from 8:30 a.m. to 5:00 p.m., Atlanta, Georgia time, Monday 
through Friday. The names and telephone numbers of employees who may be con- 
tacted after hours are in the Appendix. 

4. Office of Staff Attorneys - The Staff Attorneys' Office is staffed by 
the director, 11 attorneys, and supporting clerical staff. This office assists 
the court in legal research, analysis of appellate records, and studies of 
particular legal problems. It also assists in handling pro se prisoner matters. 
In many cases the office prepares memoranda to assist the judges. See 11th 
Cir.R. 6{(b). 

  

5. Library - The library is staffed by the circuit librarian, and two 
assistants. Library hours are from 9:00 a.m. to 4:30 p.m., Monday through 
Friday. 

All persons admitted to practice before the court are authorized to use the 
library. Under regulations approved by the court, others may use the library by 
special permission only. Books and materials may not be removed from the li- 
brary without permission of the librarian. See 11th Cir. R. 6(a). 

C. JUDICIAL COUNCIL   

The judicial council established by 28 U.S.C.A. § 332 is composed of all 
judges of the court in regular active service plus one district judge from each 
state of the circuit. The judicial council meets on call of the chief judge 
approximately three times a year to consider and to make orders for the effec- 
tive and expeditious administration of the courts within the circuit. The 
council is responsible for considering complaints against judges. 

 



  

II. ATTORNEYS 
A. ADMISSIONS AND FEES 
  

Application forms for admission to practice before the court pursuant to 

FRAP 46(a) and 11th Cir. R. 7 may be obtained from the clerk. Checks for ad- 

mission fees should be payable to "Librarian, U.S. Court of Appeals, 11th Cir- 
cuit. 

B. DISCIPLINARY ACTION 
  

Failure to comply with court rules or other misconduct or negligence in the 
performance of duties as a member of the bar of this court may result in disci- 
plinary action. Procedures to be followed to invoke disciplinary action against 
any member of the bar of this court are governed by FRAP 46(b) and 11th Cir. R. 

7€c). 

III. PRE-DOCKETING PROCEDURES   

A. FILING FEE   

1. Appeals - When the notice of appeal is filed in the district court, 
counsel must pay to the district court clerk, pursuant to FRAP 3(e), the court 
of appeals docketing fee of $65 required by 28 U.S.C.A. §1913. Upon receipt of 
a duplicate copy of a notice of appeal the clerk of the Eleventh Circuit will 
transmit to counsel a notice advising of other requirements of the rules. No 
additional fees are thereafter required. 

2. Agency Proceedings - The $65 docketing fee provided by 28 U.S.C.A. 
§1913 for filing an agency review proceeding under FRAP 15 must be tendered 
along with the petition for review. See 11th Cir. R. 13. 

  

B. COURT REPORTER AND REPORTER'S TRANSCRIPT 
  

1. Ordering the Transcript - It is the responsibility of the appellant to 
order from the reporter, within 10 days after filing the notice of appeal, a 
transcript of such parts of the proceedings, not already on file, as the appel- 
lant deems necessary for inclusion in the record. The order for the transcript 
must be on a purchase order form furnished by the district court. Adequate 
financial arrangements with the reporter must also be made. Once the purchase 
order has been completed and forwarded to the reporter, with adequate financial 
arrangements made, appellant's responsibility under the recent amendments to 
FRAP 10 and 11 will have been fulfilled. 

  

It is the responsibility of the appellee to file and serve within 10 days 
after service of the transcript order of the appellant a designation of ad- 
ditional parts to be transcribed. 

 



  

Failure of the appellant to fulfill his responsibilities may result in dis- 
missal of the case. See FRAP 10(b), 12 (b)(3) and 11th Cir. R. 14 

2. Duties of Court Reporters; Extensions of Time - The appellant is 
not required to seek extensions of time for filing the transcript if the re- 
porter cannot prepare it within 30 days from receipt of the appellant's purchase 
order. The matter of filing the transcript is between the reporter, the clerk of 
the Eleventh Circuit, and the district judge. Counsel will be informed when an 
extension of time is allowed on request made by the court reporter. 

  

3. Transmission of Record - It is the responsibility of the clerk of 
the district court to determine when the record on appeal is complete for pur- 
poses of the appeal. If the record on appeal cannot be transmitted to the clerk 
of this court within 15 days from the filing of the notice of appeal or 15 days 
after the filing of the transcript of trial proceedings if one has been ordered, 
whichever is later, the clerk of the district court shall advise the clerk of 
this court of the reasons for delay and request an enlarged date for the filing 
thereof. 

  

C. IN FORMA PAUPERIS MANDAMUS PETITIONS AND SIMILAR RELIEF 
  

Mandamus petitions from petitioners who seek leave to proceed in forma 
pauperis should be handled initially as any other filing by the clerk. When the 
petition and necessary supporting or associated documents are in proper form, 
the clerk shall enter the cause on the miscellaneous docket and refer it forth- 
with to the office of the staff attorney for processing. 

BD. PRO SE APPLICATIONS 
  

The clerk's office processes and answers prisoner and other pro se cor- 
respondence with the assistance of the staff attorneys' office. When a pro se 
petition is in the proper form for docketing and processing, it is routed to the 
staff attorneys' office. This office prepares legal memoranda for the court on 
such matters as applications for leave to appeal in forma pauperis, certificates 
of probable cause, appointment of counsel, bail. For duties of the staff attor- 
neys see I B (4) above and 11th Cir. R. 6(b). 

IV. PROCEDURES FROM DOCKETING TO ORAL ARGUMENT 
  

A. TELEPHONE INQUIRIES 
  

The clerk's office welcomes telephone inquiries from counsel concerning 
rules and procedures. 

On matters requiring special handling or interpretation of the rules, 
counsel may contact persons on the appropriate case management teams as set 

forth in the Appendix. 

 



  

The clerk, Norman E. Zoller, is available to confer with counsel on special 
problems or upon request. His telephone numbers are set forth in the Appendix. 

B. EMERGENCY TELEPHONE INQUIRIES AFTER HOURS 
  

In emergency situations arising outside normal office hours, or on week- 
ends, the name of the deputy clerk who has the emergency duty can be obtained by 
dialing the number in the Appendix. 

C. DOCKETING AN APPEAL 
  

Appeals are immediately docketed upon receipt of the notice of appeal. A 
general docket number is assigned and all counsel and pro se parties are so 
advised. Failure to pay the docket fee does not prevent the appeal from being 
docketed but is grounds for dismissal of the appeal by the clerk under the 
authority of 11th Cir. R. 16. 

D. BRIEFING NOTICE   

As soon as the record is received and processed the clerk's office issues a 
notice to all counsel of the time for filing briefs. The notice sets forth the 
rules and procedures governing the form of briefs. 

E. MOTION PRACTICE 
  

1. Form of Motions - Motions and supporting documents must be in the form 
prescribed by FRAP 27 and 11th Cir. R. 17. Consult 11th Cir. R. 17{c) and (d) 
to determine which motions are considered by a single judge or by the clerk; on 
such motions only an original and one copy need be filed. All motions requiring 
panel action by the court require the filing of an original and three copies. 

  

Except for purely procedural motions, a motion shall include a certifi- 
cate of interested persons as described in 11th Cir. R. 22(f)(2). 

2. Acknowledgment - Except for procedural motions, the clerk's office 
will notify counsel that a motion has been received and filed. This notice will 
fix the time period for filing any response and inform counsel of the approxi- 
mate date when the motion must be submitted to the court. 

  

2 Motions Panels - Motions panels are established annually from the 
active judges. These motions panels also operate as screening panels, discussed 
in Section G below. Composition of motions panels is changed at the beginning 
of each court year in July. See 11th Cir. R. 23(d). 

  

4. Motions for Procedural Orders Acted Upon by Clerk - Pursuant to 1lth 
  

Cir. R. 17(c) the clerk is authorized to act for the court on many unopposed 
procedural motions. 

 



  

5. Routing Procedures to Judges - Pre-submission motions requiring con- 
sideration by the judges are assigned to active judges on a routing log. Unless 
ordered by the court no motion shall be orally argued. 

  

The clerk assembles a complete set of the motion papers including the 
record and any briefs on file and submits them with a routing form to the initi- 
ating judge. In single judge matters the initiating judge acts on the motion 
and returns it to the clerk with an appropriate order. For motions requiring 
panel action, a single set of papers is prepared, but the initiating judge 
transmits the files to the next judge with his recommendation. The second judge 
in turn sends it on to the third judge who returns the file and an appropriate 
order to the clerk. 

6. Emergency Motion Procedure: FRAP 27 and 11th Cir. R. 17(b) govern the 
requirements for emergency motions. 
  

Upon receipt, the clerk will immediately assign the matter to the next 
judge in rotation on the emergency administrative-interim routing log and to the 
initiating judge's panel members. If the matter requires that counsel contact 
the initiating judge or panel members personally, the clerk will advise the name 
of the initiating judge and the panel members to whom the case is assigned, 
after first securing approval from the initiating judge. 

The motion papers are distributed as described in paragraph 5 above, except 
that a complete set of the papers is forwarded to all members of the panel at 
their home offices. 

7. Motions to Expedite Appeals - Motions for this relief should be pre- 
sented in the same manner as other motions. An appeal may be expedited only by 
the court and for good cause shown. If an appeal is ordered expedited, the 
clerk will fix a briefing schedule which will permit the appeal to be set for 
oral argument at an early date, unless an earlier hearing date is directed by a 
judge. The clerk will usually have some idea of the approximate date of the 
hearing and will so advise counsel when the order is issued. 

  

8. Motions for Extension of Time to File Brief - The clerk is authorized 

ex parte to grant requests for short extensions of time to file briefs. 
  

9. Motions for Amicus Brief - Motions for leave to file amicus brief must 

comply with FRAP 27, and 11th Cir. R. 17(a), including the requirement to in- 
clude a certificate of interested persons as described in 11th Cir. R. 22(f) (2). 

  

10. Reconsideration - A panel may reconsider its own action or the action 
  

of a single judge upon the filing by a party of a motion for reconsideration. 
See 11th Cir. R. 17(d). 

 



  

11. Motions after Assignment to Calendar - After cases are assigned to the 
oral argument calendar, motions in these cases are circulated to the hearing 

panel rather than to the standard motions panels. The senior active judge on 

the panel is considered to be the initiating judge. 

  

12. Post-Decision Motions 
  

a. Extension of Time to File Petition for Rehearing or Leave to 
File Out of Time - A timely motion for an extension of time to file a 
petition for rehearing may be acted on by the clerk for a period not longer 
than 30 days. Any motion for additional time beyond 30 days, or to file 
out of time is referred to the judge who authored the opinion, as a single 
judge matter, unless the writing judge is a non-active circuit judge, in 
which event the matter is referred to the senior active judge on the panel. 

  

  

b. Stay or Recall of Mandate - A motion for stay or recall of man- ¢ 
date is disposed of by a single judge and is routed and disposed of in the 
same manner as in paragraph a. above. See 11th Cir. R. 26. 

  

Cc. Motion to Extend Time to File Bill of Costs - This motion may be 

considered by the clerk. 
  

d. Motion to Amend, Correct, or Settle the Judgment - These motions 
» are referred to the writing judge with copies to the panel members. 
  

e. Remand from Supreme Court of the United States - Remands from the 
Supreme Court of the United States are referred back to the panel that 
decided the case, without the necessity of counsel filing a formal motion. 

  

F. BRIEFS, RECORDS AND APPENDICES 
  

: 5 General: The requirements for and preparation of appendices and 
record excerpts for appeals from the district court, the tax court, and for 
agency review proceedings are delineated in FRAP 30, 11th Cir. R. 22, and this 
section. The clerk has been authorized and instructed to reject such documents 
which do not comply with those provisions as they relate to: 

order of contents of brief; 

certificate of interested persons; 

length of the brief; 
form of the brief to include its cover quality, cover color, 
and legibility. 

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2. Briefs - Form: Specific attention is invited to 11th Cir. R. 22(d). 
  

a. Color of Covers of Briefs - The covers of briefs operate for a 
busy court like traffic signals. It is important to efficient paper flow for 
those signals to be correct. FRAP 32(a) requires that the cover of the brief of 
the appellant be blue, that of the appellee red, and that of reply brief gray. 
Intervenor and amicus briefs are green. 

  

In cross-appeals, where the parties are proceeding under the method sug- 
gested in paragraph 3(c) of this section, the color of briefs shall be as fol- 
lows: ; 

brief for appellant -- blue; 
brief of appellee-cross-appellant -- red; 
brief of cross-appellee and reply brief for appellant -- red; 
reply brief of cross-appellant -- gray. 

b. Form of Printing-Legibility - While the court encourages in- 
expensive forms of reproduction to minimize costs, counsel should personally 
check each copy of the brief for legibility, completeness, and a proper binding 
since copies distributed to the court are selected at random. It is also es- 
sential, whether counsel types the brief for reproduction or has it done else- 
where, that the size type be at least 11 point as required by FRAP 11. Eleventh 
Circuit Rule 22(d) prescribes the number of lines on a page and spacing between 
lines. 

  

Briefs produced by any duplicating process in 8% x 11 inch size shall 
use only one side of each sheet. 

3. Briefs: Reply-Supplemental-Cross Appeal-Amicus-NLRB Cases 
  

a. Reply Briefs - Extension of Time - A reply brief need contain 
only items (f)(5), (6), (10) and (12) of 11th Cir. R. 22. Extensions “of time 
for filing reply briefs are not looked upon with favor. If the right to file a 
reply brief is waived, immediate notice to the clerk will expedite submission of 
the case to the court. 

  

b. Supplemental Briefs - While the rules do not permit the filing of 
supplemental briefs without leave of court, the court may, particularly after a 
case is orally argued or submitted on the non-argument calendar, call for sup- 
plemental briefs on specific issues. 

  

Where intervening decisions or new developments should be brought to the 
court's attention, counsel may direct -a letter to the clerk with citations and 
succinct comment. See FRAP 28(j). Supplemental briefs may not be filed. If a 
new case is not reported, copies should be appended. The letter should be filed 
in four typewritten copies, with service on opposing counsel. 

 



  

C. Briefs in Cross-Appeals - FRAP 28(h) provides that in a case with 

a cross-appeal the plaintiff below will be considered the appellant for purposes 

of the rules on briefing and appendix. It is more common practice, however, for 

counsel to agree that the party filing the first notice of appeal should file 

the opening brief, and that within 30 days thereafter, the party filing the 

second notice of appeal should file a single brief containing both the argument 

as an appellant and the response to the opening brief. The first appellant then 

has 30 days thereafter to file a brief in response. The usual reply brief time 

then applies. 

  

d. Amicus Brief - The clerk has authority to refuse the submission 

of any amicus brief which does not comply with FRAP 32, (color green) and 11th 

Cir. R. 22(c¢), (d), (e), and (f), with particular attention to be paid to 

22(£)(2). 

  

e. NLRB Enforcement Proceedings =- In enforcement proceedings under 

FRAP 15(b), the respondent is considered the petitioner and the Board the 

respondent for the purposes of briefing and oral argument. See 11th Cir. R. 9. 

  

  

  

4. Briefs - Time   

a. Time for Filing - The time for filing briefs is governed by FRAP 

31(a) as follows: 
  

(1) 40 days after filing of record--appellant's brief due; 
(2) 30 days after service of appellant's brief--appellee's brief 

due; and 

(3) 14 days after service of appellee's brief--reply brief due. 

b. Computing Time - Under FRAP 26, Saturdays, Sundays, and legal 

holidays are included in computing any period of time prescribed by the rules, 

except that when the last day falls on a Saturday, Sunday, or legal holiday, the 

period is extended until the end of the next working day. 

  

Except for briefs and appendices, all other papers, including petitions for 

rehearing, shall not be timely unless they are actually received in the clerk's 

office within the time fixed for filing. Briefs and appendices shall be deemed 

filed on the day of mailing if an expedited form of delivery by mail (public or 

commercial) is used. 

  

Appellant's brief must be mailed to the clerk not later than 40 days after 

the date of the filing of the record. Appellee has 30 days from the date of the 

certificate of appellant's brief (33 days if service is by mail) to mail appel- 
lee's brief. 

 



  

Ce Extensions of Time - The court requires the timely filing of all 
papers within the period of time allowed by the rules, without granting ex- 
tensions of time, except in those circumstances where it is shown to be im- 
possible to file the necessary document on time. Failure to process an appeal 
timely will cause it to be dismissed for want of prosecution, under the pro- 

visions of 11th Cir. R. .16(h). 

  

qd. Avoiding Printing Delays - Printing delays are not considered 
good cause for granting extensions to file briefs. Counsel can eliminate this 
problem by filing a typewritten copy of the brief with service on opposing 
counsel, so long as the proper number of copies printed or reproduced in compli- 
ance with the rules are substituted in this office and served on counsel op- 
posite within seven days thereafter. Only one typewritten copy of the brief 
need be filed with the clerk. The time for filing of the opposing party's brief 
is calculated from the date of service of the typewritten copy and is not af- 
fected by later substitution of printed copies. 

  

5. Briefs =- Miscellaneous Information 
  

a. Certificate of Service - The certificate of service required by 
FRAP 25(d) must be shown at the conclusion of the brief. 
  

b. Acknowledgement of Briefs - The clerk's office does not acknow- 
ledge the filing of briefs unless counsel make a special request. 
  

17] Sample Briefs and Appendices - Upon request, the clerk's office 
will loan to counsel sample briefs and appendices which comply with the form 
prescribed for printed or offset briefs and appendices. 

  

Gg. SCREENING AND NON-ARGUMENT CALENDAR 
  

The court maintains a non-oral argument calendar pursuant to 11th Cir. R. 
23. Pursuant to 11th Cir. R. 22(f)(4), counsel must state in the brief whether 
oral argument is desired. 

If all parties state that they do not desire oral argument or otherwise 
agree that the case shall be submitted on briefs, the case may be placed on the 
non-argument calendar under FRAP 34(f) even though it does not fall within one 
of the requirements of FRAP 34(a). The decision by the court in such a case 
need not be unanimous and a dissent or special concurrence may be filed. 

When the last brief is filed a case is sent to the office of staff attorney 
for pre-screening classification. If the staff attorney is of the opinion that 
the case does not warrant oral argument, a brief memorandum is prepared and the 
case is returned to the clerk for routing to one of the court's active judges, 

10 

 



  

selected in rotation. If that judge agrees that the case does not warrant oral 
argument, the briefs, together with a proposed opinion, are forwarded to the two 
other judges on the screening panel. If any party requests oral argument, all 
panel judges must concur not only that the case does not warrant oral argument, 
but also in the panel opinion as a proper disposition without any special con- 
currence or dissent. If no party requests oral argument, all panel judges must 
concur that the case does not warrant oral arguemnt. 

If the staff attorney is of the opinion that oral argument would be help- 
ful, the case is routed by the clerk's office to an active judge for screening. 
If the screening judge agrees, the case is placed on the next appropriate calen- 
dar, consistent with the court's calendaring priorities. At that time a deter- 
mination is made by the screening judge if the oral argument time is to be 20 
minutes to each side or 30 minutes to each side. If the screening judge dis- 
agrees with the recommendation for oral argument, the case is handled by that 
judge's screening panel under the regular screening and non-argument calendar 
procedure. 

The assignment of a case to the non-argument calendar does not mean that it 
is considered to be an appeal of less importance than regular oral argument 
calendared cases. 

If counsel have not been notified that the case has been placed on the 
non-argument calendar within 60 days of the filing of the final brief, this 
usually means that the case is to be orally argued. This information may be 
secured by counsel from the clerk at that time. 

V. PROCEDURES FROM ORAL ARGUMENT THROUGH ISSUANCE OF MANDATE 
  

A. ORAL ARGUMENT   

: W Court Year Schedule ~- A proposed court schedule for an entire year is 
prepared by the circuit executive in collaboration with the clerk's office, and 
then approved by the scheduling committee of the court which consists of active 
judges. The court schedule does not consider what specific cases are to be 
heard, but only sets the weeks of court in relation to the probable volume of 
cases and judgeship availability for the year. 

  

a. Separation of Assignment of Judges and Calendaring of Cases 
  

To insure complete objectivity in the assignment of judges and the 
calendaring of cases, the two functions of (1) judge assignment to panels and 
(2) calendaring of cases are intentionally separated. The circuit executive and 
the scheduling committee take into account a fixed number of weeks for each 
active judge and the available sittings from the court's senior judges, and 
visiting circuit or senior district judges. After this determination names of 

11 

 



  

the active judges for the sessions of the court are drawn by lot from a matrix 
for the entire court year. 

This schedule is available only to judges and the circuit executive for 
their advance planning, not to the clerk. The clerk is not furnished with names 
of the panel members for any session until after the court calendars of cases 
have been prepared and approved as described in paragraph b below. 

b. Preparation and Publishing Calendars 
  

1.) General - The clerk's office prepares the calendars of cases 
under guidelines established by the court. Usually the clerk prepares at one 
time calendars for the number of sessions (usually 3 or 4) scheduled for a 

month. After calendars of cases for the month are prepared by the clerk's 
office, the clerk's office is furnished for the first time with names of the 

panel members assigned for each session. 

2.) Calendaring by Case Type - The clerk attempts to balance the 
calendars by dividing the cases evenly among the panels by case type so that 
each panel for a particular month has an equitable number of different types of 
litigation for consideration. 

  

3.) Preference Cases - The cases shown in Appendix One of the Circuit 
Rules are given preference in processing and disposition in accordance with the 
statutes shown. 

  

Co Non-Preference Cases =- All other cases are calendared for hearing in 
accordance with the court's "first-in first-out" rule. Absent special priority, 
those cases which are oldest in point of time of availability of briefs are 
calendared first for hearing, insofar as practicable with other requirements of 
the docket. 

  

d. Number of Cases Assigned - Unless special provision is made a regular 
session of a panel of the court will hear five cases per day for four days, 
Monday through Thursday. 

  

e. Advance Notice - Counsel should be aware that when the briefing pro- 
cess has been completed, normally 60 to 100 days pass to allow for calendaring. 
The goal for advance notice to counsel of assignment of cases for oral argument 
is 60 days. The minimum is 30 days. 

  

2. Location of Court Sessions - Most sessions of court are held at the 
headquarters of the court in Atlanta, Georgia, with periodic sessions also in 
Jacksonville, Florida and Montgomery, Alabama. Sessions may be scheduled at any 
other location having adequate facilities. Cases to be assigned to the sessions 

  

12 

 



away from Atlanta are, if possible, selected from the state where the session is 
to be held. 

3. Forwarding Briefs to Judges - Immediately after issuance of the print- 
ed calendar and receipt by the clerk of names of the panel members, the clerk 
forwards to panel members copies of the briefs for the cases set on the calen- 
dar. 

  

4. Pre-Argument Preparation and Memoranda - The judges read all briefs 
prior to oral argument. Some judges also have informal pre-argument law clerk 
memoranda prepared and exchanged with fellow panel members prior to the call of 
the case. 

  

5. Identity of Panel - The clerk's office may not disclose the names of 
the panel members for a particular session until one week in advance of the 
session. 

  

6. Checking In With Clerk's Office - As provided in the printed calendar, 
on the day of hearing counsel should first check in with the clerk's office 30 
minutes in advance of the convening of court to advise the courtroom deputy of 
the name of the attorney or attorneys who will present argument for each party 
and how the argument time will be divided between opening and rebuttal. Prompt 
check-in is necessary so the clerk can prepare and have available the daily 
docket for the panel when court opens. 

  

7. Continuance of Oral Argument - Eleventh Circuit Rule 24(f) provides 
that after a case has been set for hearing it may not be continued by stipula- 
tion of the parties or their counsel, but only by an order of the court on good 
cause shown. An engagement of counsel in other courts will not usually be 
considered good cause except in extraordinary and unusual circumstances. 

  

8. Submission Without Argument - When a case is placed on the oral argu- 
ment calendar, a judge of the court has determined that oral argument would be 
helpful in that particular case. Therefore, requests by the parties to waive 
oral argument are not looked upon with favor, and counsel may be excused only by 
the court for good cause shown. See 11th Cir. R. 24(a). Attorneys appointed by 
the court under the Criminal Justice Act must appear for oral argument unless 
excused by the court for good cause shown. 

  

9. Failure to Appear for Oral Argument - If appellant fails to appear in 
an appeal from criminal conviction, the court does not hear argument from the 
United States. In all other cases the court may hear argument from counsel 
present. 

  

 



  

10. Time for Oral Argument - The time for oral argument will be indicated 
on the printed calendar. Normal time is 20 minutes to the side. For advance 
information of the judges, before the call of the calendar counsel should be 
prepared to advise the courtroom deputy when checking in, of the minimum time 
required for oral argument if less than the time allowed, and how appellant 
wishes to divide the time between opening and rebuttal arguments. 

  

11. Additional Time for Oral Argument - Additional time for oral argument 
is sparingly permitted. Requests for additional time for oral argument should 
be set forth in a motion or letter to the clerk filed well in advance of the 
oral argument. 

  

12. Calling the Calendar - Usually the court will not call the calendar 
unless there are some special problems requiring attention and the court pro- 
ceeds to hear the cases in the order in which they appear on the calendar. All 
counsel, however, must be present at the beginning of the court session for the 
day. 

  

13. Presenting Argument - Counsel should prepare their oral arguments with 
the knowledge that the judges have already studied the briefs. Reading from 
briefs, decisions or the record is not permitted except in unusual circum- 
stances. Counsel should be prepared to answer questions by the court. (Adden- 
dum One, Twenty Pages and Twenty Minutes - Effective Advocacy of Appeal by, Chief 
Judge John C. Godbold is available from the clerk on request or may be found in 
30 S.W.L.J. 801). 

  

  

14. Lighting Signal Procedure - The courtroom deputy will monitor time by 
the use of lighting signals: 
  

a. Appellant's Argument - A green light signals the beginning of the 
opening argument of appellant. Two minutes prior to expiration of the time 
allowed for opening argument, the green light goes off and a yellow light comes 
on. When the time reserved for opening has expired, the yellow light goes off 
and a red light comes on. 

  

b. Appellee's Argument - The same procedure as outlined above for 
appellant is used. 
  

c. Appellant's Rebuttal - A green light signals commencement of 
time; a red light comes on when the time expires. No yellow caution light is 
displayed for this argument. 

  

15. Case Conferences and Designation of Writing Judge - At the conclusion 
of each day's arguments the panel usually has a conference on the cases heard 
that day. A tentative decision is usually reached, a tentative determination is 
made as to the kind of opinion necessary and cases are assigned by the presiding 

  

14 

 



  

judge for opinion writing. Judges do not specialize. Assignments are made so as 
to equalize the workload of the entire session. 

16. Recording of Oral Arguments - Oral argument in all cases are tape 
recorded for the exclusive use of the court. Eleventh Circuit Rule 24(g) forbids 

making the tapes or transcripts thereof available to counsel or the parties. 
Counsel may arrange, however, at their own expense for an official court re- 
porter to be present, upon advance approval of the court. 

  

B. OPINIONS 

1. Processing of Opinions - After the draft opinion has been prepared, 
the opinion writing judge circulates the proposed opinion to each of the other 
two judges on the panel for the purpose of obtaining their concurrence, dissent, 
or special concurrence. Review of another judge's proposed opinion is given 
high priority by the other members of the panel. When the writing judge has 
received concurrences from the other judges, or, in the case of dissents, or 

special concurrences, sufficient concurrence(s) to constitute a majority, the 
writing judge then sends to the clerk the original typewritten copy and the 
concurrences or dissent, or special concurrence, as the case may be. 

  

2. Circulation to Non-Panel Members - Copies of all proposed opinions are 
not normally circulated to non-panel members. In special cases, however, a 
panel or member thereof may circulate a proposed opinion to other members of the 
court. 

  

3. Publication of Opinions - The policy of the court, as stated in the 
Eleventh Circuit's Opinion Publication Plan, provides that "The unlimited pro- 
liferation of published opinions is undesirable because it tends to impair the 
development of a cohesive body of law. To meet this serious problem it is 
declared to be the basic policy of this court to exercise imaginative and in- 
novative resourcefulness in fashioning new methods to increase judicial ef- 
ficiency and reduce the volume of published opinions. Judges of this court will 
exercise appropriate discipline to reduce the length of opinions by the use of 
those techniques which result in brevity without sacrifice of quality." 

  

Opinions that the panel believes to have no precedential value are not 
published. All non-published opinions and affirmances without opinion under 11th 
Cir. R. 25 are printed in table form in the Federal Reporter. 

4. Release of Opinions - The clerk's office is not given advance notice   
as to when a decision will be rendered and, therefore, this information is not 
available to counsel either. 

 



  

Publication of an opinion is generally announced from the clerk's 
office in Atlanta by twelve o'clock noon on the publication date. The clerk 
determines the date of release of opinions, and the opinions are then made 
available to the press and copies sent to all counsel by priority mail. There- 
fore, in most instances, counsel are advised of the decision by the following 
day. The clerk will notify counsel on request who desire immediate collect 
telephonic notification. The clerk is not authorized to give any advance notice 
as to when the decision may be released because it may be withdrawn by the 
panel. 

Printed slip opinions are subject to typographical and printing er- 
rors. Cooperation of the bar in calling apparent errors to the attention of the 
clerk's office is solicited. 

C. PETITIONS FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC 
  

i. Necessity for Filing - By 11th Cir. R. 26(c) it is not necessary to 
file a petition for rehearing or suggestion for rehearing en banc in the court 
of appeals as a prerequisite to the filing of a petition for certiorari in the 
Supreme Court of the United States. 

  

Counsel are also reminded that the duty of counsel is fully discharged 
without filing a suggestion for rehearing en banc if the case does not meet the 
rigid standards of FRAP 35(a). 

2. Petition for Panel Rehearing - A petition for rehearing is intended to 
bring to the attention of the panel claimed errors of fact or law in the opin- 
ion. It is not to be used for reargument of the issue previously presented or 
to attack the court's non-argument calendar procedures. Petitions for rehearing 
are reviewed by panel members only. Four copies of all petitions for rehearing 
shall be filed. 

  

3. Response to Petitions =- No response to a petition for rehearing or 
rehearing en banc should be filed unless requested by the court. 
  

4. Time and Form - Extensions - The petition (panel or en banc) must be 
filed within 20 days after the date of the opinion and should be addressed to 
either the panel which heard the case or to the en banc court. Counsel should 
not request extensions of time except for the most compelling reasons. Printing 
delays will not be considered a sufficient reason, as clear and legibly repro- 
duced copies of typewritten petitions are authorized in the form prescribed by 
FRAP 40(b). 

  

a. En Banc General Procedures: FRAP 35(a) . and “11th, Cir. R. 26 

describe formal procedures. As a matter of practice a petition for rehearing en 
banc is limited to 15 pages, exclusive of table of contents materials. Sub- 

  

16 

 



sequent to receipt of the 13 additional copies of every brief previously filed 
by each party the clerk will issue a supplemental briefing schedule. Supple- 
mental briefs, 13 copies of which are also required, are due six weeks before 
the en banc consideration and normally counsel receive three to four weeks to 
prepare and submit these materials. 

b. Handling of En Banc Suggestion by the Judges 
  

1) Panel Has Control - Although a copy of the suggestion for rehearing en 
banc is distributed to each panel judge and every active judge of the court, the 
filing of a suggestion for rehearing en banc does not take the case out of 
plenary control of the panel deciding the case. This panel may, on its own, 
grant rehearing and may do so without action by the full court. 

  

2) Requesting a Poll - Within 10 days ( 30 days during the summer) of the 
date of mailing to the judge by the clerk, any active Eleventh Circuit judge may 
notify the writing judge (the senior active Eleventh Circuit judge if the writ- 
ing judge is a non-active member) that the judge desires the case be reheard en 
banc. At the same time the judge may notify the clerk to withhold the mandate. 
This is also notice that in the event the panel declines to grant rehearing an 
en banc poll is desired. 

  

If the panel, after such notice, concludes not to grant the rehearing 
it notifies the chief judge of that fact and the chief judge then polls the 
court by written ballot on whether en banc rehearing should be granted. 

3) Requesting a Poll on Court's Own Motion - Any active member of the 
court may request that the court be polled on whether rehearing en banc should 
be granted whether or not a suggestion for rehearing en banc has been filed by a 
party. This is ordinarily done by a letter from the requesting judge to the 
chief judge with copies to the other active judges of the court and any other 
panel member. 

  

4) Polling the Court =- Upon request to poll, the chief judge conducts a 
poll. Each active judge receives a form ballot that is used to cast a vote. A 
copy of each judge's ballot is sent to all other active judges. The ballot form 
indicates whether the judge voting desires oral argument if en banc is granted. 

  

5) Negative Poll - If the vote on the poll is unfavorable to en banc 
consideration, the writing judge is so advised by the chief judge. In this 
event, the panel originally hearing the case then enters the appropriate order. 

  

6) Affirmative Poll - If en banc hearing or rehearing is favorably voted, 
the chief judge then instructs the clerk of the appropriate order to be entered. 
This order indicates that a rehearing en banc with or without oral argument has 
been granted, and specifies a briefing schedule for the filing of supplemental 
briefs. 

  

   



  

Every party must then furnish to the clerk 13 additional copies of 
every brief the party previously filed. 

7) No Poll Request - If after expiration of the specified time for request- 
ing a poll the writing judge of the panel has not received a request from any 
active member of the court, the panel, without further notice, may take such 
action as it deems appropriate on the suggestion. In its order disposing of the 
case and the suggestion, however, the panel must enter an order denying sug- 
gestion for rehearing en banc showing no poll was requested by any judge. 

  

Cx Effect of Granting Rehearing En Banc - Unless otherwise expressly 
provided, granting a rehearing en banc vacates the previous opinion and judgment 
of the court and stays the mandate. See 11th Cir. R. 26(i) and 27(c). 

  

D. ISSUANCE OR STAY OF MANDATE 
  

See FRAP 41 and 11th Cir. R. 27 for matters relating to issuance or stay or 
recall of mandate. The original record and any exhibits are returned to the 
clerk of the district court with the mandate. 

VI. MISCELLANEOUS INFORMATION 
  

A. Fifth Circuit Court of Appeals Reorganization Act of 1980 
(P.L. 96-452, October 14, 1980) 
  

  

Section 9 of the Fifth Circuit Court of Appeals Reorganization Act of 1980 
determines appellate case processing after October 1, 1981, in terms of the 
"submitted for decision" date of each appeal. 

The date a case assigned to the oral argument calendar is submitted for 
decision, is the date on which the initial argument of the case is heard. The 
date a case decided on the summary or non-argument calendar is submitted for 
decision, is the date on which the last panel judge concurs in summary or non- 
argument calendar disposition. 

B. STATISTICS 
  

The clerk prepares a large number of statistical reports periodically as 
requested by the court and the Administrative Office of the United States 
Courts. These reports are used constantly for internal management of the 
court's affairs, and they record historical facts for purposes of justifying and 
documenting personnel increases and equipment needs. They are distributed 
regularly to the judges of the court and the circuit executive and are discussed 
at judicial council meetings. In addition, they are used by the judges, the 

18 

 



circuit executive, and the clerk's office to determine future scheduling of 
cases, sessions of court, needs for judicial manpower, workload of the judges, 
and other management requirements. 

C. JUDICIAL CONFERENCE   

Pursuant to 28 U.S.C.A. §333 there is held annually, at such time and place 
as designated by the chief judge of the court, a conference of all circuit, 
district and bankruptcy judges of the circuit for the purpose of considering the 
business of the courts and advising means of improving the administration of 
justice within the circuit. Representation and participation at the conference 
by judges and members of the bar is provided by 11th Cir. R. 8. and Addendum One 
to the circuit rules. 

D. RECUSAL OR DISQUALIFICATION OF JUDGES 
  

1. Grounds - A judge may recuse himself or herself under any circum- 
stances considered sufficient to require such action. A judge is disqualified 
under circumstances set forth in 28 U.S.C.A. 8455 or in accordance with Canon 

3C, Code of Judicial Conduct for United States Judges as approved by the Ju- 
dicial Conference of the United States, April 1973. 

2. Procedure   

a. Administrative Motions   

1) single judge matter - If a judge who is the initiating judge 
recuses himself from considering or is disqualified to 
consider an administrative motion, the file is returned to 

the clerk who then sends it to the next initating judge 
listed on the administrative routing log. 

panel matter - If a judge who is the initiating judge re- 
cuses himself from considering or is disqualified to con- 
sider an administrative motion, the file is forwarded by the 
recused judge directly to the next judge (who then becomes 
the initiating judge) for decision by quorum of the panel. 
If these remaining judges cannot agree as to disposition of 
the matter or if the case is deemed more appropriate for a 
full panel, the quorum may submit the case to the backup 
judge. If at any point there are insufficient, unrecused 
judges on a panel to constitute a quorum, the file is re- 
turned to the clerk for appointment of a new panel from the 
administrative routing log.  



b. Non-Argument Calendar Cases =- The same procedure is followed as in 
paragraph 2a above, except that the substitute or backup judge assigned to the 
screening panel is ordinarily called in since the court's practice is that cases 
are not ordinarily disposed of on the merits by only two judges. 

  

Cc. Hearing Calendar Cases - Prior to the formal publication of the court 
calendar, each judge on the panel is furnished with a copy for each case of the 
11th Cir. R. 22 certificate of interested persons for each judge's advance study 
to determine if that judge should recuse himself or herself or is disqualified 
in any of the cases. 

  

If a judge is disqualified in any case before publication of the 
calendar, that judge notifies the clerk and ordinarily the case involved is 
transferred to another calendar. After publication of the calendar or in any 
other situation in which a substitute judge must be designated to sit for a 
disqualified judge, the chief judge or his delegate is requested to designate 
another judge to sit as a substitute judge. 

E. COMPLAINTS AGAINST JUDGES 
  

This court's rule for the conduct of complaint proceedings under 28 U.S.C.A 
§ 372(a) is outlined in Addendum Three of the circuit rules. 

F. CERTIFIED RECORDS FOR SUPREME COURT OF THE UNITED STATES 
  

While Rule 19.1 of the Supreme Court allows filing of the record at the 
time a petition for certiorari is docketed, the rule and policy of that Court is 
to discourage the filing thereof unless '"the record is deemed essential to a 
proper understanding of the case." Therefore, the clerk's office does not 
prepare a certified record unless specifically requested by counsel. If cer- 
tiorari is granted, however, a certified record will automatically be prepared. 

G. DISMISSAL OF APPEALS 
  

Whenever an appellant or petitioner fails to file a brief or otherwise 
fails to comply with the rules of the court, the clerk has authority and has 
been instructed under llth Cir.R. 16 to enter an order dismissing the appeal for 
want of prosecution, if the default is not remedied within the 15 day notice 

period to be issued by the clerk. 

H. SPECIAL PANELS AND CASES REQUIRING SPECIAL HANDLING 
  

1. Corporate Reorganization. Chapter 11. The first appeal is handled in 
the usual manner. Counsel shall state in their briefs whether the proceeding is 
likely to be complex and protracted so that the panel can determine whether it 
should enter an order directing that it will be the permanent panel for sub- 

   



  

sequent appeals in the same matter. If there are likely to be successive ap- 
peals, a single panel may thus become fully familiar with the case making the 
handling of future appeals more expeditious and economical for litigants, 
counsel and court. See 11th Cir. R. 21. 

2. Federal Energy Regulatory Commission Cases - Because these proceedings 
usually involve multiple parties before the court, it has adopted special proce- 
dures of (a) simplifying and defining issues, (b) agreeing on an appendix and 
record, (c) assigning joint briefing responsibilities and scheduling briefs, and 
(d) such other matters as may aid in the disposition of the proceeding. See 11th 
Cir. R. 20 and Addendum Two thereto. 

  

To avoid disqualification problems in handling cases involving regu- 
lation of natural gas companies by the Federal Energy Regulatory Commission, 
panels for such cases are drawn by lot on a yearly basis from the active judges 
of the court. All administrative motions filed in pending gas cases during that 
panel's period of service and any such cases which may be readied on the merits 
prior to the expiration of that panel's period of service are referred to the 
panel. 

1. LABOR BOARD ORIGINAL CONTEMPT PROCEEDINGS 
  

1. Assignment to Panel - When the Board files a petition for adjudication 
of a respondent for civil contempt of a previously issued order or mandate of 
this court, the clerk normally refers it back to the original panel which pre- 
viously heard or decided the case on its merits. That panel, through the initi- 
ating judge, is then responsible for issuance of all preliminary orders includ- 
ing among others the order to show cause fixing the time for filing a response 
to the pleadings or answer. 

  

If the former panel determines that good reason exists for not assum- 
ing direction of the case (e.g., death or retirement of a panel member or seri- 
ous legal issue warranting all active judge determination in the event of a 
visiting judge on the panel), the clerk is notified and under the direction of 
the chief judge selects by lot a panel of active judges. 

2; Where Evidentiary Hearing Required - If the case indicates that dis- 
puted issues of fact are involved requiring an evidentiary hearing, the initiat- 
ing judge of the panel at that stage usually enters for the panel the Board's 
proposed order of reference of the matter for hearing before a special master, 
usually one selected on recommendation of the director, Office of Administrative 
Law Judges of the Civil Service Commission. The order specifies the nature of 
the conditions, the hearing, the master's powers and duties, the filing of the 
master's report, including findings of fact, conclusions, and recommendations of 
the special master. 

  

21 

 



  

3. Proceedings After Master's Report - Once the special master's report 
is filed, the parties are advised thereof and of the order of reference fixing 
the time for filing of any objections, responses to objections, and supporting 
briefs in support or opposition thereto. When ripe for submission the matter is 
usually then routinely handled by the court under its screening procedures. 

  

J. DIRECT APPEALS FROM BANKRUPTCY COURTS - Applicable Federal Rules of Appel- 
late Procedure and circuit rules apply to all appeals from bankruptcy court to 
this court. See 11th Cir. R. 21 governing procedures for direct appeal. 

  

22 

 



  

APPENDIX ONE 

» CLERK OF COURT 

ELEVENTH CIRCUIT 

SUPERVISORY OFFICIALS 
  

The clerk's office welcomes telephone inquiries from counsel concerning rules 

and procedures. On matters requiring special handling or interpretation of the 

rules, counsel may contact the following persons on the appropriate case management 

team or administrative branch. 

  

  

  

  

  

  

  

  

  

F1S COMMERCIAL HOME 

242- (404) 221- (404) 

Norman E. Zoller 

Clerk 3839 3839 396-2428 

JUDICIAL SUPPORT - TEAMS A, B, C 

Warren A. Godfrey 

Chief 3833 3833 964-9087 

Alabama/Georgia Appeals - Team A 

Shelda Harris, Case Manager 3836 3836 941-1667 

Florida Appeals - Team B 

Kembra Smith, Case Manager 3833 3833 949-0949 

Roving Case Management - Team C 

Kim Alston 3833 3833 996-2894 

ADMINISTRATIVE SUPPORT 

T. Karleen Tinker 

Chief 5272 5272 952-9797 

Calendaring/Court Sessions Branch 
Barbara Champion, Supervisor 3842 3842 636-4839 

Information Systems/Statistical Branch 

Joyce Bradley, Supervisor 3840 3840 981-1835 

Office Services/Mail/Records Branch 
Cara Thornley, Supervisor 3847 3847 231-1604 

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