Interim Rules Supplementing the Federal Rules of Appellate Procedure

     [||4eb87c48-ab7e-42f4-9273-3cd5878d6cc0||] INTERIM RULES OF THE 

UNITED STATES COURT OF APPEALS 

FOR THE ELEVENTH CIRCUIT 

      

supplementing the 

FEDERAL RULES OF 

APPELLATE PROCEDURE 

OCTOBER 1, 1981 

  

       



  

INTERIM RULES 
ak OF THE 

UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 

TABLE OF CONTENTS   

Rule Page 
  

INTRODUCTION 

PART 1: THE ORGANIZATION OF THE COURT 

1 Name, Seal and ProCess. i... vc... uv. vabeliin ovis ch dui oh 2 

2 BOS BIONG. | i.e 0 Ts ainininiein dsinie in binieie he We ea oF feral a iti es 2 

3 QUOTING. ovale so vais tio stale tobias is va ania ete ie seh hres vw 5 ate 4 simile 3 

4 Circuit BRECUL IVE. ver. oi in vie sie ain vibiainin » Bin x 3 

5 BE TERR Si SN ee WR PT i Se ee Co a OE 3 

a) Location 

b) Release of Original Papers 

c) Office to be Open 

- 6 Circuit Librarian and Staff Attorney.............. 4 

a) Library 
b) Staff Attorneys 

7 AL OLNEY. es i nie vans tis hrs wie si ER Sr 4 

a) Admission and Fees 

b) Entry of Appearance 
c) Suspension or Disbarment 

8 Judicial Conference. . . ive iin vic on yvianles sli waimme 5 

9 Proceedings for Enforcement of Orders 

of the National Labor Relations Board. .i.... cv .ah 6 

10-11 (Reserved) 

PART II: APPEALS AND OTHER PROCEEDINGS BEFORE THE COURT 

12 Preferences in Processing 

and Disposition of Cases... ....... cdma ou singis siete 6 

13 Notice of Appeal, Docketing and Docket Fees....... 6 

® i 

 



14 Transcript and Becordi. ov. cde coi di Conaway ie gy naps 7 

  

a) Transcript of Trial Proceedings @ 

1) Ordering the transcript-duties 

of appellant and appellee 

23 Duties of "court reporters; 

extensions of time 

b) Preparation and Transmission 

of Record - Duties of Clerk 

C) Form of Record 

15 Appeals in Forma Pauperis and 
Under the Criminal Justice ACL. o.oo cial sniva dennis 8 

16 Dismissal of Casas. ict. uis ctr sodbinitieins +2 uw atthe ais io dlsionie s snes 9 
a) Dismissal by Appellant 
b) Dismissal for Failure to Prosecute 

17 Motions and Interlocutory Orders... evn ice ssa cmnisess en 9 
a) Form of Motion 

b) Emergency Motions 
c) Motions for Procedural Orders 

Acted Upon by Clerk 

d) Motions Acted Upon by a Single Judge 
e) Motions Shall Not be Argued 
f) Effect of a Ruling on a Motion 
g) Applications for Habeas Corpus Relief a 

18 Frivolous Appeals... dui. a coBidvios oc sivis daisies sbinle sintele «iwie ols 13 

19 Writs of Mandamus and Prohibition Directed to 

a Judge of Judges and Other Extraordinary Writs........ 13 

20 Procedures in Proceedings for Review of orders 

of The Federal Energy Regulatory Commission............ 13 

21 BanRruploy.i ev. son sivas siin « » dBRL GEEN JO, 0 COMIC, AS 14 

22 Appendix, Record: Excerpts; and Briefs... 0005002, A854 14 

a) Appendix and Record Excepts Appeals 

from District Court and Tax Court 

b) Appendix and Record Excepts - 
Agency Review Proceedings 

c) Briefs - Length 
d) Briefs - Form 

e) Briefs - Number of Copies 
f) Briefs Contents 

1) Certificate of Interested Persons 

2) Statement Regarding Preference 
3) Statement Regarding Oral Argument 

4) Table of Contents and Citations 

5) Statement of the Issues 3 

ii 

 



6) Statement of the Case 

  

rf Summary of the Argument 
@ 8) Statement of Jurisdiction 

9) Argument and Citations of Authority 
10) Conclusion 

11) Certificate of Service 

23 Non Argument Calendar. ...cvvi. vw. oaaievivins vulhiols sien 17 

24 Oral'MArgument- Calendar... cif diner vida tigiivee » 18 

25 Affirmance Without Opinion. ... cc. cos cde snes sasesi 19 

26 Petition for Rehearing and 
En Banc Consideration. . is .ee. toi vivevic voiale ss sid vie sin's 20 

a) Number of Copies 

b) Extraordinary Nature of Suggestions 

of En Banc Consideration 

c) Matters Not Considered En Banc 

d) Procedure 

e) Form of Suggestion 
f) Response to Suggestion 

  

g) Time - Extensions 

h) Length 

i) Effect of Granting Rehearing En Banc 

OR 27 Stay or Recallsof Mandate. ... in ods J ue dh. 22 

28 WG PRUE ae AER TC die. MEN LORE NNER ER VW Bh 22 

APPENDIX TITLE 

ONE Preferences in Processing 

and Disposition of Cases 23 

AVAILABLE ADDENDA   

ONE Rules for Representation and Participation 

at the Eleventh Judicial Conference 

TWO Procedures in Proceedings for Review of 

Orders of the Federal Energy Regulatory 

Commission 

THREE Rule for the Conduct of Complaint 

Proceedings under 28 U.S.C.A. § 372(a) 

FOUR Eleventh Circuit's Plan Under the Criminal 

Justice Act and Guidelines for Counsel 

iii 

 



  

INTERIM RULES 

OF THE 

UNITED STATES COURT OF APPEALS 

FOR THE ELEVENTH CIRCUIT 

{cite as 11th Cir. R.) 

ADOPTED AND EFFECTIVE OCTOBER 1, 1981 

INTRODUCTION 

Both the court of appeals by action of a majority of the circuit judges in 
regular service (see generally 28 U.S.C.A. chapters 3, 13, 15, 21, 47, 57, and 
Federal Rule of Appellate Procedure 47) and the judicial council of the circuit, 

membership of which has been fixed pursuant to statute to include all active 

circuit judges and three active district judges, one from each state in the 

circuit (28 U.S.C.A. § 332) have certain responsibilities for the effective and 

expeditious administration of justice within the circuit. Contained herein are 
both rules adopted by the court and action of the judicial council relevant to 
the court of appeals. 

  

The United States Court of Appeals for the Eleventh Circuit has adopted 
these rules pursuant to Federal Rule of Appellate Procedure (FRAP) 47. They 
supplement the provisions of law and FRAP. To properly submit a case to the 
court counsel should read and follow FRAP, these rules, and the Manual of In- 
ternal Operating Procedures (IOP). 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 Circuit Rules or the Internal Operating Procedures either FRAP or each 
other. Circuit Rules not inconsistent with FRAP govern. FRAP Rule 47. 

These are interim rules that will be tested in use for one year and then 

reviewed and revised. 

These rules neither extend nor limit the jurisdiction of the court. 

Included as an appendix is the following: 

ONE: Preferences in Processing and Disposition of Cases 

Available as addenda are: 

ONE: Rules for Conduct of and Representation and Participation 

at the Eleventh Circuit Judicial Conference 

TWO: Procedures in Proceedings for Review of Orders of the 
Federal Energy Regulatory Commission 

 



  

The judicial council of the Eleventh Circuit pursuant to its statutory 

authority has appointed a circuit executive (see 11th Cir. R. 4), adopted a rule 

for the conduct of complaint proceedings under 28 U.S.C.A. § 372(a) (see Adden- 

dum Three), and adopted a plan and guidelines under the Criminal Justice Act 

{see 11th Cir. R. 1%), 

Available addenda as adopted by the judicial council include: 

THREE: Rule for the Conduct of Complaint Proceedings under 28 

U.S.C.A. § .372(a) 

FOUR: Eleventh Circuit Plan Under the Criminal Justice Act and 

Guidelines for Counsel 

A copy of the interim rules, the Manual of Internal Operating Procedures 

and any separate addendum may be obtained from the clerk without charge. 

PART I 

THE ORGANIZATION OF THE COURT 

RULE 1. NAME, SEAL AND PROCESS 

(a) Name. The name of +this court is "United States Court. of 

Appeals for the Eleventh Circuit." 
  

(b) Seal. Centered upon a blue disc a representation of the 

American eagle in his proper colors with wings displayed and inverted standing 

upon a closed book with gold page ends and maroon cover; also standing upon the 

book and in front of the eagle's right wing a gold balance embellished with 

three white stars, one above each of the pans and one atop the centerpost and 

below the book on a gold semi-circular scroll in blue letters the inscription 

EQUAL JUSTICE UNDER LAW; all enclosed by a gold-edged white border inscribed in 

blue with the words UNITED STATES COURT OF APPEALS above two gold rosettes of 

blue and gold and the words ELEVENTH CIRCUIT also in blue. 

(c) Writs and Process. Writs and process of this court shall be 

under the seal of the court and signed by the clerk. 
  

Cross Reference: 28 U.S.C.A. §§ 41, 1691 

RULE 2. SESSIONS 

At least one session of the court shall be held each court year in 

each state of the circuit. Sessions may be scheduled at any location having 

adequate facilities. On motion of a party or on the court's own motion the 

court may reassign the hearing of any appeal to another time or place of sit- 

ting. 

Cross Reference: 28 U.S.C.A. 88 46,48; IOP V A 

 



  

RULE 3. QUORUM 

Unless otherwise directed a panel of the court shall consist of three 

judges. While two judges constitute a quorum, if a judge of a panel that has 

taken a case or matter under submission is not able to participate in a de- 
cision, the two remaining judges may decide the case or may request the chief 

judge or his delegate to designate another judge to sit in place of the judge 

unable to participate. No further argument will be had or briefs received 

unless ordered. 

Cross Reference: 28 U.S.C.A. §46; 10P VI B 

RULE 4. CIRCUIT EXECUTIVE 

The judicial council has appointed a circuit executive pursuant to 28 

U.5.C.A. § 332 as secretary of the judicial council and of the judicial con- 

ference. 

The circuit executive is designated as the court's manager for all 

matters pertaining to administrative planning, organizing and budgeting. The 

clerk, the director of the staff attorneys' office, and the circuit librarian 
shall coordinate fully with the circuit executive on those administrative mat- 

ters pertaining to their areas of responsibility that appropriately warrant 

judicial attention or administrative action. 

The circuit executive shall maintain an office at Atlanta, Georgia. 

RULE 5. CLERK 

(a) Location. The clerk's principal office ‘shall be in theicity of 

Atlanta, Georgia. 

(b) Release of Original Papers. The clerk may release original 
records or papers without a court order for a limited time for purposes of 

printing or on request of a party or his counsel to use in preparing his presen- 

tation of a matter pending before the court. 

  

(c) Office to be Open. The office of the clerk, with the clerk or a 

deputy in attendance, shall be open for business from 8:30 a.m. to 5:00 p.m., 

Atlanta time on all days except Saturdays, Sundays, New Year's Day, Washington's 

Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ 

Day, Thanksgiving Day, and Christmas Day. Instructions for reaching clerk's 

office personnel when the office is not open for business shall be included in 

the Manual of Internal Operating Procedures. 

Cross Reference: 28 U.S.C.A. $8.713, 956; FRAP 45; IOP 1'B, IV A 

 



  

RULE 6. CIRCUIT LIBRARIAN AND STAFF ATTORNEY 

(a) Library. - Under the direction of: a circuit librarian the court 

will maintain a library in Atlanta, Georgia, and approve regulations for its 

use. All persons admitted to practice before the court shall be authorized to 
use the library. Libraries may be maintained at other places in the circuit 

designated by the judicial council. 

(b) Staff Attorneys. Under the supervision of a director a central 
staff of attorneys shall be maintained at Atlanta, Georgia, to assist the court 

in legal research, analysis of appellate records and study of particular legal 
problems, and such other duties as the court directs. 

  

Cross Reference: 28 U.S.C.A. 88 332(c), 7713; I0P 1.8 

RULE 7. ATTORNEYS 

(a) Admission and Fees. Only attorneys admitted to the bar of this 
court may practice before the court. Admission is governed by FRAP 46 and this 
Eleventh Circuit Rule (except for attorneys previously admitted to the United 

States Court of Appeals for the Fifth Circuit applying to this court for trans- 
fer of their admission from the Fifth Circuit as it existed prior to October 1, 

1981, and who apply to this court prior to January 1, 1982). An attorney seek- 
ing admission shall file an application with the clerk on a form supplied by the 
clerk, together with an admission fee of $20.00 payable to the Librarian, U.S. 
Court of Appeals, 11th Circuit, which shall be deposited to the library fund. 

  

The following attorneys shall be admitted for the particular proceeding in 
which they are appearing without the necessity of formal application or payment 
of the admission fee: an attorney appearing on behalf of the United States, a 
federal public defender, an attorney appointed by a federal court under the 
Criminal Justice Act (CJA) or appointed to represent a party in forma pauperis. 
An attorney admitted to the bar of the court shall be permitted use of the 
library. 

(b) Entry of Appearance. An attorney admitted to the bar of this 
court shall enter his appearance in each case in which he participates at the 
time the case is docketed or upon notice by the clerk. A form for entry of 
appearance will be provided by the clerk. The appearance form shall require 
counsel, in addition to other pertinent information: (1) to cite all pending 
related and similar cases reasonably known to him on the docket of this court; 

(2) to indicate on the appearance form whether the case is in a category of 
cases requiring preference in processing and disposition as set out in llth 
Cir.R. 12 and Appendix One and the applicable category. 

  

(c) Suspension or Disbarment. 
  

(1) The court may after reasonable notice, opportunity to show 

cause, and hearing if requested, reprimand, or disbar or suspend from practice 

in this court, any member of the bar of the court for failure to comply with any 

 



rule of the court, or for misconduct or negligence in the performance of duties 

as a member of the bar of the court. 

(2) When it is suggested to the court that any such violation 
may have occurred, the court may take action on its own, or it may refer the 

matter to a master or to the grievance committee provided for in this rule for 
investigation, hearing if requested, and report, all subject to FRAP 46. 

(3) The court may appoint a grievance committee composed of six 

members of the bar of the court, two from each state in the circuit, for stag- 

gered three-year terms. The court may vacate an appointment at any time, shall 

appoint successors to uncompleted terms, and shall designate a chairman and a 

secretary. 

(4) When it is shown to the court that a member of its bar has 

been suspended or disbarred from practice in any other court of record, the 

clerk shall enter an order for the court, effective 14 days after issuance 

unless sooner modified or stayed, disbarring or suspending the member from 

practice in this court upon terms and conditions like those set forth in the 

order “of the other court. The clerk shall mail a copy of the:order to the 

attorney at the last address on the clerk's roll of attorneys admitted to prac- 

tice. 

Within 10 days from the date of this court's order, a motion may 
be filed in this court by the member seeking a disposition in this court differ- 

ent from that provided by the order of the other court. The motion shall speci- 
fy the facts and principles relied on to show cause why a different disposition 

should be ordered. If the motion is timely filed the operation of the order of 
this court will be stayed pending a ruling on the motion. 

(5) When there is filed a certified judgment of a felony con- 

viction of any member of the bar of this court, the clerk shall enter an order 

of disbarment, whether or not such an order has been entered in any other court 

of record. Upon entry of the order by the clerk, the member may file a motion 
for other disposition pursuant to the provisions of paragraph (4) of this rule, 

and if timely filed it will stay the operation of the order of this court pend- 

ing a ruling on the motion. 

Cross Reference: FRAP 46; 10P 11 

RULE 8. JUDICIAL CONFERENCE 

There shall be held annually, at such place and time as designated by 

the chief judge of the circuit, 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.  



  

The rules of this court for having and conducting the conference and 

for representation and active participation at the conference by judges and 
members of the bar appear as Addendum One. 

Cross Reference: 28 U.S.C.A. § 333 

RULE 9. PROCEEDINGS FOR ENFORCEMENT OF ORDERS 
OF THE NATIONAL LABOR RELATIONS BOARD 

In enforcement proceedings by the National Labor Relations Board under FRAP 
15(b), the respondent shall be considered the petitioner, and the Board con- 

sidered the respondent, for the purposes of briefing and oral argument, unless 

otherwise ordered by the Court. 

RULE 10 = 11 

[Reserved] 

PART II 

APPEALS AND OTHER PROCEEDINGS BEFORE THE COURT 

RULE 12. PREFERENCES IN PROCESSING AND DISPOSITION OF CASES 

Many categories of cases are given preference in processing and dis- 

position by statute or by FRAP. The list of these preferences appears as Appen- 
dix One to ‘these rules. Under '11th’ Cir.R. "7(bY ‘and 22(f) (3), ‘counsel ‘shall 

indicate on his appearance form and again in his brief whether the case is one 
entitled to preference and the basis for the preference. 

Cross Reference: FRAP 8, 18, 27(a); IOP V A 

RULE 13. NOTICE OF APPEAL, DOCKETING AND DOCKET FEES 

A copy of the notice of appeal shall be transmitted by the clerk of 

the district court to the clerk of this court, together with a copy of the 
district court's docket entries. 

An appeal is docketed when the clerk receives from the district court 
a copy of the notice of appeal and the docket entries. 

In an agency review proceeding under FRAP 15 the filing fee shall be 
paid to the clerk of this court when the petition for review is filed. 

Cross Reference: FRAP 12, 15; IOP III A 

 



  

RULE 14. TRANSCRIPT AND RECORD 

(a) Transcript of Trial Proceedings.   

(1) Ordering the transcript - duties of appellant and appellee.   

Appellant's written order for a transcript required by FRAP 10(b) shall be 

filed within 15 days from the filing of the notice of appeal on a form pre- 

scribed by the clerk of this court. Counsel placing the order shall furnish a 

copy of the order form to the clerk of this court in addition to other parties 

set out in FRAP 10 (b). If no transcript is to be ordered, a copy of the cer- 

tificate to that effect required by FRAP 10(b) shall be served on other parties 

and a copy filed with the clerk of this court. 

It is the responsibility of the appellee to file and serve under FRAP 10(a) 
within 10 days after service of the transcript order by the appellant a designa- 

tion of any additional parts to be transcribed. 

Failure of the appellant to fulfill his responsibility may result in dis- 
missal of the case. See FRAP 10(b) 

(2) Duties of court reporters; extensions of time.   

In each case in which a transcript is ordered the court reporter shall 

furnish the following information on a form prescribed by the clerk of this 
court: 

(1) acknowledge that the reporter has received the 

order ‘for. the transcript and .the date; of the 

order; 

(ii) state whether adequate financial arrangements have 

been made under CJA or otherwise; 

(iii) state the number of trial or hearing days involved 

in the transcript and an estimate of the number of 

pages; 

(iv) give the estimated date on which the transcript is 

to be completed. 

A court reporter who wants an enlargement of time for filing the transcript 
beyond the 30 day period fixed by FRAP 11(b) shall file a written request with 
the clerk of this court on part II of the Eleventh Circuit Appeal Information 

Sheet form and shall specify in detail: the amount of work that has been accom- 

plished on the transcript, a list of outstanding transcripts due to this and 

other courts and the due date for filing each, and verification that the dis- 
trict judge who tried the case has been notified of the request. In some cases 

this court may require written approval of the request by that district court 
judge. Cross Reference: FRAP 10(b), 11(b); IOP III A 

 



  

(b) Preparation and Transmission of Record - Duties of Clerk. 
  

The clerk of the district court is responsible for determining when 

the record on appeal is complete for purposes of the appeal. Unless the record 

can be transmitted to the clerk of this court within 15 days from the filing of 
notice of appeal or 15 days after the filing of the transcript of trial proceed- 
ings 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 time for filing the record. 

Cross Reference: FRAP 11(e); IOP III A 

(c) Form of Record.   

The record on appeal shall be bound in a manner that will facilitate 
reading. The clerk of the district court shall number the pages consecutively. 

Cross Reference: FRAP 11, 12 

RULE 15. APPEALS IN FORMA PAUPERIS AND UNDER THE CRIMINAL JUSTICE ACT 

(a) To meet the requirements of the Criminal Justice Act of 1964, as 
amended, 18 U.S.C.A. § 3006A, the judicial council of this circuit has adopted a 
plan that supplements the various plans that have been adopted by the United 
States district courts now within this circuit by providing for representation 
on appeal of parties financially unable to obtain adequate representation. CJA 
plans approved by the judicial council of the Fifth Circuit have been reapproved 
by the judicial council of the Eleventh Circuit. The circuit's plan, and the 
guidelines for counsel, appear as Addendum Four to these rules. 

(b) If counsel was appointed for a party in the district court under 
the Criminal Justice Act, the party may appeal without prepaying costs and 
without establishing his right to proceed in forma pauperis. 18 U.S.C.A. § 
3006A (d)(6). This policy also applies to all in forma pauperis appeals from 
judgments of conviction. 

(c) In other cases in which a party was permitted to proceed in the 
district court in forma pauperis, the right to proceed in forma pauperis on 

appeal is subject to conditions imposed by 28 U.S.C.A. § 1915(a) and the second 
paragraph of FRAP 24(a). In all such cases the district court, before trans- 

mitting the notice of appeal to the clerk of this court, shall certify in writ- 
ing whether the party is entitled to appeal as a pauper and whether the appeal 
is taken in good faith. If the district court finds that the party is not a 
pauper or that the appeal is not taken in good faith, the district court shall 
state in writing the reasons for such findings. 

Cross Reference: FRAP 24(a); 18 U.S.C.A. § 3006A 

 



  

RULE 16. DISMISSAL OF CASES 

(a) Dismissal by Appellant. If the appellant or petitioner files an 

unopposed motion to withdraw the appeal or agency review proceeding, the clerk 

shall enter an order of dismissal and issue a copy of the order as the mandate. 

  

(b) Dismissal for Failure to Prosecute.   

Where appellant fails to file the record or a brief or otherwise fails 

to comply with rules requiring processing an appeal (or other proceeding) to 

hearing, the clerk shall issue a notice to counsel, or to appellant if he ap- 

pears pro se, that upon expiration of 15 days from the date thereof the appeal 

(or other proceeding) will be dismissed for want of prosecution if the default 

has not been remedied. If the default is remedied within the 15 days, the clerk 

shall not dismiss the appeal (or other proceeding) and if appellant is repre- 

sented by counsel, the clerk may refer the matter to the court for possible 

disciplinary action against counsel. 

(c) In lieu of the procedures described in (b), the court may take 
such other or different action as it deems appropriate. 

(d) A copy of an order dismissing an appeal for want of prosecution 

shall be issued to the clerk of the district court as the mandate. 

Cross Reference: FRAP 3(a); IOP VI 6 

RULE 17. MOTIONS AND INTERLOCUTORY ORDERS 

(a) Form of Motion. A motion must be made in writing with proof of 
service on all parties. If written notice has not been received by the opposing 

parties, oral notification must be given by the moving party. The motion shall 

be accompanied by, and the opposing party shall be served with supporting docu- 
mentation provided by FRAP 27, including relevant materials from previous judi- 

  

cial or administrative proceedings in the case. If a party moves for a stay 

that party must include a copy of the judgment or order from which relief is 
sought and any opinion and findings of the district court. If circumstances 
necessitate filing a motion in telegraphic form, the motion shall summarize the 
above described materials. In addition to content required by FRAP 27, the 

motion shall contain a brief assessment of prior actions of this or any other 

court or judge to which the motion, or a substantially similar or related appli- 

cation for relief, has been made. Except for purely procedural motions, a 

motion shall include a certificate of interested persons as described in 11th 
Civ. R.I22(£)(2); IOP IVE 

 



  

(b) Emergency Motions. 
  

(1) A party requesting emergency action on a motion shall label 
the motion as "Emergency Motion" and state the nature of the emergency and the 
date by which action is necessary. The motion or accompanying memorandum shall 
state the reasons for granting the requested relief and must specifically dis- 
cuss: 

(i) the likelihood the moving party will prevail on 
the merits; 

Cid) the prospect of irreparable injury to the moving 
party 1f relief is withheld; 

(iii) the possibility of harm to other parties if relief 
is granted; and 

(iv) the public interest. 

Counsel filing the motion shall make every possible effort to serve the motion 

personally; if this is not possible, counsel shall notify opposing counsel 
promptly by telephone. 

(2) If the emergency motion raises any issue theretofore raised 
in a district court, counsel for the moving party shall furnish copies of all 
pleadings, briefs, memoranda or other papers filed in the district court sup- 
porting or opposing the position taken by the moving party in the motion and 

copies of any order or memorandum decision of the district court relating there- 
to. If compliance be impossible or impractical due to time restraints or other- 

wise, the reason for non-compliance shall be stated. 

(3) An emergency motion, whether addressed to the court or an 

individual judge, ordinarily should be filed with the clerk and not with an 
individual judge. In a genuine emergency to expedite consideration by the court, 
counsel may telephone the clerk and in advance describe a motion that has not 
yet been filed in writing. This is not a substitute for the filing required by 
FRAP 27(a). 

Cross Reference: IOP IV E 

(c) Motions for Procedural Orders Acted Upon by Clerk. 
  

The clerk is authorized subject to review by the court to take appropriate 

action for the court on the following unopposed procedural motions timely filed 
and served (see FRAP 27(b)): 

  

(1) to enlarge the time for filing designations as to printing 
under FRAP 30, and the time for filing briefs, answers, objections, or replies 

to pending motions in cases not yet assigned or under submission; 

10 

 



(2) to transmit records to the Supreme Court for use in connect- 

ion with petitions for writs of certiorari; 

(3) to withdraw appearances except in court appointed cases; 

(4) at the request of counsel to make corrections in briefs or 
pleadings filed in this court; 

(5) to grant leave to file briefs in preliminary typewritten 
form with privilege of later substitution of printed copies; 

(6) to extend time for filing petitions for rehearing for not 
longer than 30 days; 

(7) to stay further proceedings in appeals, upon notice to the 
chief judge or such member of the court as may be designated by the chief judge; 

(8) to supplement or correct records; 

(9) to consolidate appeals; 

(10) to incorporate records or briefs on former appeals; 

(11) to grant leave to file further reply or supplemental briefs 
before argument in addition to the single reply brief permitted by FRAP 28(c), 
in typewritten or printed form; 

(12) to stay for not more than 30 days the issuance of a mandate 
pending certiorari in a civil case, provided the court has not specially ordered 
the mandate issued earlier; 

(13) for leave to file amicus curiae briefs under FRAP 29; 

(14) to reinstate appeals dismissed by the clerk; 

(15) to enter and issue consent decrees in National Labor Re- 

lations Board and other government agency review cases; 

(16) to enter CJA Form 20 orders continuing on appeal district 
court appointments of counsel for purposes of compensation. 

(d) Motions Acted Upon by a Single Judge. Under FRAP 27(c), a single 
judge may, subject to review by the court, entertain and grant or deny any 
request for relief that under FRAP may be sought by motion except dismiss or 
otherwise determine an appeal or other proceeding. Without limiting this au- 

thority, a single judge is authorized to entertain and act, subject to review by 
the court, on the following motions: 

  

(1) where opposed, the motions that are subject to action by the 

clerk under part (c) of this rule;  



(2) to permit interventions in agency proceedings pursuant to 

FRAP 15(b); 

(3) for certificates of probable cause under FRAP 22(b) and 28 
¥.8.C.A. §:2253; 

(4) to appeal in forma pauperis, see FRAP 24 and 28 U.S.C.A. 
Section 1915(a); 

(5) to appoint counsel for indigent persons appealing from 

judgments of conviction or from denial of writs of habeas corpus or petitions 

filed under 28 U.S.C.A. § 2255, or to permit court appointed counsel to with- 
draw; 

(6) for leave to extend the length of briefs under FRAP 28(g) 

and motions for rehearing under FRAP 40(b); 

(7) for good cause shown to enlarge times prescribed by FRAP or 

by the rules of this court supplementing FRAP (note that FRAP 26(b) forbids the 
court to enlarge the time for taking various actions, including the time for 

filing a notice of appeal); 

(8) to substitute parties under FRAP 43; 

(9) to exercise the power granted in FRAP 8 and 9 with respect 

to stays or injunctions or releases in criminal cases pending appeal but subject 
to the restrictions set out therein, and under FRAP 18 with respect to stays 
pending review of decisions or orders of agencies but subject to the restric- 

tions on the power of a single judge contained therein; 

(10) to stay the issuance of mandates or recall mandates pending 

certiorari; 

(11) to expedite appeals. 

(e) Motions Shall Not Be Argued. Unless ordered by the court no 

motion shall be orally argued. 
  

(f) Effect of a Ruling on a Motion. A ruling on a motion or other 
interlocutory matter, whether entered by a single judge or a panel, is not 

binding upon a panel to which the case is assigned on the merits, and the merits 

panel may alter, amend, or vacate it. 

  

(g) Applications for Habeas Corpus Relief. 
  

(1) Ordinarily a petition for writ of habeas corpus whether 
addressed to a judge of this court or referred to a judge of this court under 

(2), below, will be transferred by the judge to the appropriate district court. 

See FRAP 22(a).  



  

(2) A petition received by the court but addressed to a circuit 
judge will be referred to that judge; if not addressed to a particular judge it 

will be treated as addressed to any judge of court and will be referred to the 

next judge in rotation on the administrative routing log maintained by the 

clerk. 

Cross Reference: “FRAP 22, 25 ,:265732(b), 43,328 U.8.C.A."§ 2243; U.S. Sup. CL. 
R.43; IOP IV E 

RULE 18. FRIVOLOUS APPEALS 

If upon the consideration of any interlocutory motion it shall appear 

to the court that the appeal is frivolous and entirely without merit, the appeal 
may be dismissed. 

Cross Reference: 23 U.S.C.A. § 1927: FRAP:38 

RULE 19. WRITS OF MANDAMUS AND PROHIBITION DIRECTED TO 
A JUDGE OR JUDGES AND OTHER EXTRAORDINARY WRITS 

(a) A petition for writ of mandamus, writ of prohibition, or other 

extraordinary writ shall not bear the name of the district judge but shall be 

entitled, "In re [name of petitioner].'" To the extent that relief is requested 
of a particular judge, unless otherwise ordered the judge shall be represented 

pro forma by counsel for the party opposing the relief and this counsel shall 
appear in the name of the party and not the name of the judge. (For other 
provisions relating to extraordinary writs, see FRAP 21). 

(b) The petition shall include a certificate of interested person as 

required by 11th Cir. R. 22(f)(2). 

(c) The petition must be served on the respondent (including any 

judge named as respondent) and all parties to the action in the district court. 

Service is the responsibility of the petitioner, not the clerk. 

Cross Reference: FRAP 21, 25(b), 25(c) 

RULE 20. PROCEDURES IN PROCEEDINGS FOR REVIEW OR ORDERS 

OF THE FEDERAL ENERGY REGULATORY COMMISSION 

This court has adopted special rules for these proceedings which are 

Addendum Two. 

13 

 



  

RULE 21. BANKRUPTCY 

(a) The FRAP rules and these Eleventh Circuit Rules apply to all 

appeals from bankruptcy courts to this court. 

(b) If all counsel stipulate in writing to a direct appeal to this 
court from the bankruptcy court, the stipulation shall be filed with the notice 
of appeal. If a notice of appeal has previously been filed in the same matter, 
but the appeal has not yet been docketed in the court to which the appeal has 
been taken, the filing of a direct appeal shall have the effect of a stipulation 
of dismissal of the earlier appeal. The bankruptcy judge shall dismiss the 
earlier appeal subject to its reinstatement if the appeal to this court is 
dismissed on the ground that the judgment, order, or decree appealed from was 
not final. Once an appeal is docketed in the district court it may not be 
transferred to this court without written approval of the district judge. 

Cross Reference: 28 U.S.C.A. § 1293(b); FRAP 6 

RULE 22. APPENDIX, RECORD EXCERPTS, AND BRIEFS 

(a) Appendix and Record Excerpts - Appeals from District Court and 
Tax Court. Appeals from district courts and the tax court shall be on the 
original record without requirement of the appendix prescribed by FRAP 30. When 
appellant files his brief, he shall file four copies of the following portions, 
and only the following portions of the district court record, to be bound toge- 

ther but not in the brief: 

  

(1) the docket sheet; 

(2) the indictment, information, or complaint as amended; 

(3) the answer, counterclaim, cross-claim, and replies thereto; 

(4) those parts of any pretrial order relative to the issues on 
appeal; 

(5) the judgment or interlocutory order appealed from; 

(6) any other order or orders sought to be reviewed; 

(7) any supporting opinion, findings of fact and conclusions of 
law filed or delivered orally by the court, and 

(8) if the correctness of a jury instruction is in issue, the 
instruction in question and any other relevant part of the 
jury charge. 

These copies shall be reproduced on white paper by any duplicating or 
copying process capable of producing a clear black image, with a cover sheet 
bearing the case number and style and captioned "Record Excerpts." 

14 

 



  

(b) Appendix and Record Excerpts - Agency Review Proceedings. Petit- 
ions for review of orders of an administrative agency, board, commission or 

officer shall proceed on the original record on review, without the requirement 

of the appendix prescribed by FRAP 30. 

  

If a certified list of documents comprising the record is filed in 

lieu of the formal record, petitioner shall obtain from the agency, board, or 
commission a certified copy of the portions of the record relied upon by the 

parties in their briefs, to be numbered and indexed and filed within 21 days 

from the date of filing of respondent's brief, with a suitable cover bearing the 

case number and style and captioned "Record Excerpts." 

Except in review proceedings covered by 11th Cir. R. 20, petitioner 
shall file separately with the brief four copies of "Record Excerpts" consisting 
of any order sought to be reviewed and any supporting opinion, findings of fact 
and conclusions of law filed by the agency, board, commission or officer. 

(c) Briefs - Length. Except by permission of the court, principal 
briefs shall not exceed 50 pages (except that the opening brief of an appellant 
shall not exceed 55 pages) and reply briefs shall not exceed 25 pages, exclusive 
of materials referred to in subparagraphs (f)(1) through (5), and any addendum 
containing statutes, rules, or regulations, regardless of the form of printing 
or reproduction used. Motions for leave to file briefs in excess of the page 

requirements of this rule must be filed at least 10 days in advance of the due 
date of the brief. The court looks with disfavor upon motions to exceed the 

page limitation and will only grant such a motion for extraordinary and compel- 

ling reasons. 

  

(d) Briefs - Form. The cover of the brief must clearly indicate the 

name of the party on whose behalf the brief is filed. Each copy, whether pro- 
duced by a commercial printing or duplicating firm or otherwise, must, in ad- 

dition to compliance with FRAP, have a cover of durable quality on both front 

and back sides, and shall be securely bound by three heavy staples or other 

secure binding device along the left-hand margin so as to insure that the bound 
copy will not loosen or fall apart or the cover be detached by shipping and use. 

For color of covers, see FRAP 32(a) and IOP IV F. 

  

Pages of briefs produced by any printing or duplicating process must 

have sufficient spacing between the lines of text to permit the briefs to be 
easily read. Within the type character limitation prescribed by FRAP 32, a 
brief produced by the standard typographic process should contain not more than 

34 lines of text on a page with a proportionate adjustment to be made for quoted 

matter or footnotes. Briefs produced by any duplicating or copying process 

shall not have more than 27 lines of text, with appropriate adjustment to be 
made for single-space quoted matter or footnotes. Elite, or type similar there- 
to, shall not be considered 11-point type. 

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

15 

 



  

Unless each copy of the brief, in the judgment of the clerk, conforms 
to this rule and to provisions of FRAP 32, the clerk at his discretion may 
either return nonconforming copies unfiled for refiling after submission in the 

proper form or, in order to minimize delay, may have the nonconforming copies 
corrected and bill the party filing the nonconforming copies for the expense 
thereof. 

(e) Briefs - Number of Copies. Seven copies of briefs shall be filed 

in all cases. 
  

(f) Briefs - Contents. Each principal and amicus brief shall con- 

sist, in the order listed, of the following: 
  

(1) Title Page. Elements to be shown on the first page include 

the name of this court, the case number, name of parties, jurisdiction from 
which the appeal is being taken, identification of brief (e.g. appellant, appel- 
lee), a statement regarding nature of preference (e.g. Recalcitrant Grand Jury 

Witness, Habeas Corpus, Mandamus), and name of attorney. 

  

(2) Certificate of Interested Persons. A certificate will be 

furnished by counsel for all private (i.e. non-governmental) parties, except in 
criminal and criminal-related cases, for both appellants and appellees, which 
shall be incorporated on the next page of each brief. It shall certify a com- 
plete list of all attorneys, persons, associations of persons, firms, partner- 

ships, or corporations that have an interest in the outcome of the particular 

case, including subsidiaries, conglomerates, affiliates and parent corporations, 
and other identifiable legal entities related to a party. 

  

  

(3) Statement Regarding Preference. In addition to the language 
on the first page the brief shall contain a statement whether the case is en- 
titled to preference in processing and disposition and the basis for preference. 

{See 11th Cir. R. 12). 

  

(4) Statement Regarding Oral Argument. Appellant's brief shall 

include a short statement of whether or not oral argument is desired, and, if so 
the reasons why oral argument should be heard. Appellee's brief shall include a 
similar statement. The court will accord these statements due, though not 
controlling, weight in determining whether oral argument will be heard in the 

case. See FRAP 34(a) and (f) and 11th Cir. R. 23(c). 

  

(5) Table of Contents and Citations. The table of contents and 

citations shall include page references showing the locations in the brief of 
citations and other sections required by these rules and shall contain asterisks 
in the margin designating the citations upon which the party primarily relies. 

  

(6) Statement of the Issues.   

(7) Statement of the Case. In the statement of the case, as in 

all other sections of the brief, every assertion regarding matter in the record 
shall be supported by a reference to the volume and page number of the original 

  

16 

 



  

record where the matter relied upon is to be found. The statement of the case 
shall include: 

(i) course of proceedings and dispositions in the court 
below, and 

(ii) a statement of the facts. A proper statement of facts 
reflects a high standard of professionalism. It must 

state the facts accurately, those favorable and those 

unfavorable to the party. Inferences drawn from facts 

must be identified as such. 

(8) Summary of the Argument. In addition to the requirements of 
FRAP 28, the opening briefs of the parties shall contain a summary of argument, 
suitably paragraphed, which should be a succinct, but accurate and clear, con- 

densation of the argument actually made in the body of the brief. It should not 

be a mere repetition of the headings under which the argument is arranged. It 

should seldom exceed two and never five pages. 

  

(9) Statement of Jurisdiction. Each: brief shall  dnclude” a 
concise statement of the statutory or other basis of the jurisdiction of this 
court, containing citations of authority when necessary. 

  

(10) Argument and Citations of Authority. Citations of authority 

in the brief shall, whenever possible, comply with the rules of citation in 
A Uniform System of Citation (12th ed. 1976), or the latest edition of that 

book. 

  

  

(11) Conclusion.   

(12) Certificate of Service.   

(g) A reply brief need contain only items (f)(5), (6), (10) and (12). 

(h) In a case in which counsel has been appointed for a litigant the 
court will not thereafter receive a pro se brief from the litigant. 

Cross Reference: FRAP 28, 29, 30, 31, 32, 34; IOP IVF. 

RULE 23. NON-ARGUMENT CALENDAR 

(a) The court maintains a two-calendar system for consideration and 

decision of cases in the interest of efficient and appropriate use of judicial 

resources, control of the docket by the court, minimizing unnecessary expendi- 

tures of government funds, and lessening delay in decisions. 

(b) When a panel of judges of the court unanimously determines, after 
an examination of the briefs and records, that a case falls within one of the 

three categories of FRAP 34(a): 

 



  

(1) the appeal is frivolous, or 

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

authoritatively determined, or 

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

the case will be placed on the non-argument calendar for submission and decision 

without oral argument. If at any time before decision a judge on the non- 
argument panel concludes that oral argument is desired, the case will be trans- 
ferred to the oral argument calendar. Except as provided is subparagraph (c) of 
this rule, decision of a non-argument case must be unanimous, and no dissenting 
or special concurring opinion may be filed; otherwise the case is transferred to 

the oral argument calendar. 

(c) Pursuant to FRAP 34(f), if all parties state that they do not 

desire oral argument (see 11th Cir. R. 22(f)(4)) or otherwise agree that the 

case shall be submitted on briefs, the case may be placed on the non-argument 
calendar even though it does not fall within one of the requirements of FRAP 
34(a). The decision in such a case need not be unanimous and a dissent or 

special concurrence may be filed. 

(d) Panels of three active judges will be drawn, ordinarily to serve 
for one year as screening panels to determine whether cases should be placed on 
the non-argument calendar and to receive submission of and decide non-argument 

cases. The same panels shall serve as administrative-motion panels. 

(e) An oral argument panel, whether or not composed of only active 
judges, may by unanimous vote transfer to the non-argument calendar a case 
assigned to it for oral argument and not previously screened. 

Cross Reference: FRAP 34(a)(f); IOP IV G 

RULE 24. ORAL ARGUMENT CALENDAR 

(a) General. All cases not assigned to the non-argument calendar 

shall be assigned to the oral argument calendar. Cases to be orally argued will 
be calendared by the clerk based upon the court's calendaring priorities. Coun- 
sel for each party must present oral argument unless excused by the court for 
good cause shown. The oral argument docket will show the time the court has 

allotted for each argument. 

(b) Waiver or Submission Without Argument. A party who desires to 
waive oral argument in a case noticed for oral argument must file a motion for 
permission to waive in advance of the date set for hearing. If counsel for all 
parties agree to submit the case on briefs, the case will be governed by FRAP 

34(f). 

  

18 

 



  

(c) Failure to Appear for Oral Argument. If counsel for appellant 
fails to appear in an appeal from criminal conviction, the court will not hear 
argument from the United States; in all other cases the court may hear argument 
from counsel present. 

  

(d) Number of Counsel to be Heard. Only two counsel will be heard 

for each party on the argument of a case, and the time allowed may be appor- 

tioned between counsel at their discretion. 

  

(e) Expediting Appeals. The court may on its own motion or for good 
cause shown on motion of either party advance a case for hearing and prescribe 
an abbreviated briefing schedule. 

  

(f) Continuance of Hearing. After a case has been set for hearing it 
may not be continued by stipulation of the parties or their counsel but only by 
an order of the court on good cause shown. Usually the engagement of counsel in 
other courts will not be considered good cause. 

  

(g) Recording Oral Arguments. Oral argument in each case is recorded 

for exclusive use of the court. Neither the recording nor a transcript thereof 
will be made available to counsel or the parties. With advance approval of the 
court, however, counsel may arrange at his expense for a qualified court re- 
porter to be present to record and transcribe for his personal use the oral 
argument. Recording of any proceeding by anyone other than the court is pro- 
hibited. 

  

Cross Reference: FRAP 34(f); IOP V A 

RULE 25. AFFIRMANCE WITHOUT OPINION 

When the court determines that any one or more of the following cir- 

cumstances exists and is dispositive of a matter submitted to the court for 
decision: 

(a) judgment of the district court is based on findings of fact that 

are not clearly erroneous; 

(b) the evidence in support of a jury verdict is not insufficient; 

(c) the order of an administrative agency is supported by substantial 
evidence on the record as a whole; 

(d) summary judgment, directed verdict or judgment on the pleadings 

is supported by the record; 

and the court also determines that no error of law appears and an opinion would 
have no precedential value, the judgment or order may be affirmed or enforced 
without opinion. 

19 

 



  

RULE 26. PETITION FOR REHEARING AND EN BANC CONSIDERATION 

(a) Number of Copies   

(1) Four copies of petition for rehearing pursuant to FRAP Rule 
40 shall be filed; 

(2) thirteen copies of a suggestion for en banc consideration 
pursuant to FRAP Rule 35 shall be filed whether for initial 
hearing or rehearing. 

(b) Time - Extensions. A petition for rehearing or a suggestion of 
en banc consideration upon rehearing must be filed within 20 days of the date of 
the opinion. Counsel should not request extensions of time except for the most 
compelling reasons. Printing delays will not be considered sufficient justifi- 
cation for extensions. See FRAP 40(b). 

  

(c) Extraordinary Nature of Suggestions of En Banc Consideration. A 
suggestion of en banc consideration, whether upon initial hearing or rehearing, 
is an extraordinary procedure intended to bring to the attention of the entire 

court a precedent-setting error of exceptional importance in an appeal or other 
proceeding, and, with specific reference to a suggestion of en banc considera- 
tion upon rehearing, is intended to bring to the attention of the entire court a 

panel opinion that is allegedly in direct conflict with precedent of the Supreme 
Court or of this circuit. Alleged errors in a panel's determination of state 
law, or in the facts of the case (including sufficiency of the evidence), or 
error asserted in the panel's misapplication of correct precedent to the facts 
of the case, are matters for rehearing before the panel but not for en banc 
consideration. 

  

Counsel are 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), and that the filing of a petition for rehearing 
or suggestion for rehearing en banc is not a prerequisite to filing a petition 
for certiorari. 

(d) Matters Not Considered En Banc. Administrative and interim 
matters, for example, stay orders, injunctions pending appeal, appointment of 
counsel, leave to appeal in forma pauperis, and leave to appeal from a non-final 
order, are not matters subject to en banc consideration under FRAP 35. En banc 
suggestions will not be entertained in such matters but will be referred as a 
petition for rehearing to the judge or panel that entered the order sought to be 

reheard. 

  

(e) Procedure. A suggestion of en banc consideration upon initial 
hearing or rehearing may be made by any judge of the court in active service on 
his own motion. If en banc consideration is granted, each party shall furnish 
to the clerk 13 additional copies of every brief the party has previously filed 
and 13 copies of each supplemental brief on rehearing the party may file. See 
also the last sentence of 11th Cir. R. 27(c). 

  

20 

 



  

(f) Form of Suggestion. The petition or suggestion shall state on 
the cover whether it requests rehearing by the panel or suggests rehearing en 

banc or both. A suggestion for rehearing en banc will also be treated as a peti- 

tion for rehearing before the original panel. A petition for rehearing will not 

be treated as a suggestion for rehearing en banc. A suggestion of en banc 

consideration shall contain the following items, in this sequence: 

  

(1) certificate of interested persons as required by 11th Cir. 

R. 22(£)(2). 

(2) where the party suggesting en banc consideration is re- 

presented by counsel, one or both of the following statements of counsel as 

applicable: 

I express a belief, based on a reasoned and studied 

professional judgment, that the panel decision is contrary 

to the following decision(s) of the Supreme Court of the 
United States or the precedents of this circuit and that 

consideration by the full court is necessary to secure and 
maintain uniformity of decisions in this court: [cite 

specifically the case or cases] 

I express a belief, based on a reasoned and studied 

professional judgment, that this appeal involves one or more 

questions of exceptional importance: [set forth each quest- 

ion in one sentence] 

/s/ 

ATTORNEY OF RECORD FOR 

  

(3) table of contents and citations; 

(4) statement of the issue(s) asserted to merit en banc consid- 

eration; 

(5) statement of the course of proceedings and disposition of 

the case; 

(6) statement of any facts necessary to argument of the issues; 

(7) argument and authorities. These shall concern only the 

issues and shall address specifically not only their merit 
but why they are contended to be worthy of en banc conside- 

ration; 

 



  

(8) conclusion; 

(9) certificate of service. 

(g) Response to Suggestion. A response to a suggestion of en banc 

consideration should not be submitted unless requested by the court. 
  

(h) Length. A suggestion of en banc consideration shall not exceed 
15 pages, and if made jointly with a petition for rehearing the combined docu- 
ments shall not exceed 15 pages. (For other provisions relating to determi- 
nation of causes by the court en banc and petition for rehearing, see FRAP 32, 
35, and 40.) 

(i) Effect of Granting Rehearing En Banc. Unless otherwise expressly 
provided, the effect of granting a rehearing en banc is to vacate the panel 
opinion and to stay the mandate. 

  

Cross Reference: FRAP 4,:27, 32(b), 35; IOP V C 

RULE 27. STAY OR RECALL OF MANDATE 

(a) A motion for a stay of the issuance of a mandate in a direct 

criminal appeal filed under FRAP 41 shall not be granted simply upon request. 
Ordinarily the motion will be denied unless it shows that it is not frivolous, 
not filed merely for delay, and shows that a substantial question is to be 
presented to the Supreme Court or otherwise sets forth good cause for a stay. 

(b) A mandate once issued shall not be recalled except to prevent 

injustice. 

(c) Unless otherwise expressly provided, granting a suggestion for 

rehearing en banc vacates the panel opinion and stays the mandate. 

(d) Because the timely filing of a petition for rehearing will stay 
the mandate under FRAP 41, and because a suggestion for rehearing en banc is 

also treated as a panel rehearing under Rule 26(e) of these rules, the mandate 
is stayed until disposition of a timely filed petition for panel rehearing or 
suggestion for rehearing en banc unless otherwise ordered by the court. 

Cross Reference: FRAP 41; 11th Cir.R. 17(c)(12) and (d) (10) 

RULE 28. COSTS 

The clerk in taxing costs for printing pursuant to FRAP 39(c) shall 

tax such costs at rates not higher than those determined by the clerk from time 
to time by reference to the rates generally charged for such work in the princi- 

pal cities of the circuit, or at actual cost, whichever is less. 

Cross Reference: FRAP 39(c) 

 



  

APPENDIX ONE 

PREFERENCES IN PROCESSING AND DISPOSITION OF CASES 

The following categories of cases will be given preference in process- 
ing and disposition in accordance with the statutes shown. To assist the clerk 
in implementing this rule, counsel for any party to a civil appeal or review 

proceedings that has priority status shall notify the court on the appearance 
form of the preference. 

(a) Criminal and Criminal-related Proceedings 
  

(1) 

(2) 

(3) 

(4) 

(5) 

Recalcitrant Grand Jury Witnesses - orders of confinement. 
[28 U.S.C.A..8 1826] 
  

Criminal Cases. [FRAP 45(b)] 
  

Habeas Corpus =- actions under 28 U.S.C.A. §§ 2241 and 2254 
from judgments of state courts, and habeas corpus actions 

under the Immigration and Naturalization Act. 8 U.S.C.A. 
§§ 1105A(a)(9) and (b) and § 1503(c). [Action of Eleventh 
Circuit Judicial Council 10/81.] 

  

§2255 Appeals - actions under 28 U.S.C.A. § 2255 for relief 
from sentences of federal courts. [Action of Eleventh 

Circuit Judicial Council 10/81. ] 

  

Release in Criminal Cases - orders setting conditions of 
release. [18 U.S.C.A. § 3147 and FRAP 9.] 
  

(b) Civil Proceedings   

(1) 

(2) 

(3) 

(4) 

(5) 

Extraordinary Writs - petitions for extraordinary writs such 

as injunctions, mandamus or prohibition under FRAP 8 and 21. 

[Action of Eleventh Circuit Judicial Council 10/81. ] 

  

Federal Election Campaign Act - actions under 2 U.S.C.A. § 
437g. [2 U.S.C.A. § 437g(a)(11)]. Certified questions of 
constitutionality of the Federal Election Campaign Act under 
2 U.S.C.A. § 437h are required to be expedited and heard by 
the court en banc. [2 U.S.C.A. § 437h(c)] 

  

Freedom of Information Act - actions under 5 U.S.C.A § 552. 

Is U.5.C.A. §'552(a)(4)(D)] 
  

Norris-LaGuardia Act - injunctions in labor disputes issued 
pursuant tof29 U.85.C. A. § 107. [29:U.8.C.5. § 110] 
  

Fair Housing Act - civil actions, private or governmental. 

[42 U.S.C.A. § 3614] 
  

23 

 



  

(c) 

(6) 

(7) 

Internal Revenue - summons enforcement appeals. [26 U.S.C.A. 

§ 7609(h)(2)] 
  

Grant of Motions to Disqualify Counsel - Action of Eleventh 
Circuit Judicial Council, 10/81. 
  

Petitions for Review or Appeals - Agencies, Boards, Commissions.   

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

National Labor Relations Board - enforcement or review of 

orders. [29 U.S.C.A. § 160(i)] 
  

Occupational Safety and Health Review Commission - review of 
orders. [29 U.S.C.A. § 660(a)] 
  

Commodity Futures Trading Commission - orders denying, 
suspending or revoking the designation of a board of trade 
as a contract market. [7 U.S.C.A. § 8(a)] 

  

  

Small Business Administration - review of license revo- 
cation, license suspension, or cease and desist orders 
issued against small business investment companies. [15 
U.S.C.A. § 687a(e)] 

Secretary of Labor - actions withholding certification of 
states pursuant to 26 U.S.C.A. §§ 3303(b) and 3304(c) of the 
Federal Unemployment Tax Act, of findings by the Secretary 
of Labor pursuant to 42 U.S8.C.A. § 503(a), (b) and (c) which 
disqualify states for payment under the Act, if preference 
is requested. [26 U.S.C.A. § 3310 and 42 U.S.C.A. § 504] 

  

  Secretary of Treasury - actions determining that a state's 
income tax laws do not qualify for federal collection under 
26 U.S.C.A. § 6362, if preference is requested. [26 
U.S.C.A. § 6363(d)] 

Federal Communications Commission =- any proceeding to en- 
join, set aside, annul or suspend any final order of the 
Commission brought pursuant to 47 U.S.C.A. § 402(a). [28 
U.S.C.A. § 2349] 

  

Secretary of Agriculture - appeals from cease and desist 
orders regarding violations of the Federal Seed Act. (7 

U.S.C.A. §8 1599, 1600) [7 .U.S.C.A. § 1599, 1600} Appeals 
from cease and desist orders regarding violations of the 
Packers and Stockyards Act. (7 U.S.C.A. 88 193, 194) [7 
U.S.C.A. § 194(d)] Petitions to enjoin, set aside, suspend 
or determine the validity of orders of the Secretary under 
the Perishable Agricultural Commodities Act, 1930. (7 
U.S.C.A. 88 499a - 499f and 499h - 499s) [28 U.S.C.A § 

2349] 

  

24 

 



  

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

Federal Maritime Commission - all proceedings for judicial 
review of final orders and decisions of the Commission under 

the Shipping Act, 1916 and the Intercoastal Shipping Act, 
1933 (46 U.S.C.A. 88 801 - 848) made reviewable by 46 
U.S.C.A. § 830. {28 U.S.C.A. § 2349] 

  

Nuclear Regulatory Commission - any proceeding to enjoin, 

set aside, suspend or determine the validity of final orders 
of the Commission related to patent licensing or construc- 
tion permits made reviewable by 42 U.S.C.A. § 2239. [28 

U.S.C.A..§ 2349) 

  

Interstate Commerce Commission - all proceedings for ju- 
dicial review of final orders and decisions of the Com- 
mission made reviewable by 28 U.S.C.A. § 2321 [28 U.S.C.A. § 
2349], and cease and desist orders based on violations of 
antitrust laws in 15 U.S.C.A. 8% 13, 14, 18.-and 19. {15 
U.8.C.A. § 21(e)] 

  

Board of Governors of the Postal Service - decisions approv- 
ing, allowing or modifying decisions of the Postal Rate 
Commission. [39 U.S.C.A. § 3628] 

  

Environmental Protection Agency =- orders of the Adminis- 
trator under the Federal Environmental Pesticide Control Act 
of 1972 [7 U.S.C.A. 8§§ 136d(c)(4) and 136m]; and regulations 
promulgated by the Administrator establishing tolerances for 
or exempting pesticide chemicals under the Federal Insecti- 
cide, Fungicide or Rodenticide Act. 121. U.8.C.A.- 8 
346a(i)(5)] 

  

Federal Trade Commission - cease and desist orders based on 

violations of 15 U.S.C.A. § 45 of the Federal Trade Com- 

mission Act, [15 U.S8.C.A. § 45(e)] and on violations of 
antitrust laws in 15 U.8.C.A. §8 13, 14, 18, and:19. {15 
U.8.C.A. § (e)] 

  

Secretary of Health and Human Services - orders of regu- 
lations related to the safety of additives under the Food, 
Drug and Cosmetic Act. [21 U.S.C.A. § 349(2)] 

  

Federal Communications Commission, Civil Aeronautics Board, 
and Federal Reserve Board - cease and desist orders based on 

violations of antitrust laws in 15 U.S.C.A. §§ 13, 14 18 and 

19. {15 0.8. C.A-8521 (e)] 

  

  

Railroad Retirement Board - orders under the Railroad Un- 

employment Insurance Act. [45 U.S.C.A. § 355(f)] 
  

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