First Circuit
 Rulebook

 Federal Rules of Appellate Procedure
 First Circuit Local Rules
 First Circuit Internal Operating Procedures

 Effective with amendments to the Fed. R. App. P. through December 1, 1998

 Maine Massachusetts New Hampshire
 Rhode Island Puerto Rico

 The Federal Rules of Appellate Procedure were recently amended, effective December 1, 1998.
The amendments to the Federal Rules of Appellate Procedure include revisions of all forty-eight
rules and a revision of Form 4. The majority of the changes are stylistic and were intended to
make
the rules more comprehensible. Recent legislative and judicial developments have resulted in
substantive changes to several of the Federal Rules, most notably Fed. R. App. P. 3.1, 5, 22,
26.1,
27, 28, 29, 32, 35 and 41. The court will be flexible in its applications of the new rules during
the
first months under the amended Fed.R.App.P.

 The First Circuit has not yet amended its Local Rules in light of the revisions to the Federal
Rules of Appellate Procedure. Certain Local Rules may be overruled by the new Federal Rules;
in
other cases, specifically Loc. R. 31.1, the Local Rule contains requirements independent of the
provisions of the Federal Rules. This pamphlet contains the amended Federal Rules of Appellate
Procedure and the current First Circuit Local Rules, with a brief comment following specific
Local
Rules whose provisions may be changed by the recent amendments.

 Phoebe Morse, Clerk
 Boston, Massachusetts Table of Contents
Forward. . . . . . . . . . . . . . . . . . . . . . . . . . . . .i

Table of Contents. . . . . . . . . . . . . . . . . . . . . . . ii

Judges of the Court. . . . . . . . . . . . . . . . . . . . . . .v

Officers of the Court. . . . . . . . . . . . . . . . . . . . . .v

Advisory Committee on Rules. . . . . . . . . . . . . . . . . . .v

 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . vi

 Schedule of Fees . . . . . . . . . . . . . . . . . . . . . . .vii

Major Case Processing Events . . . . . . . . . . . . . . . . viii

Notice to Litigants. . . . . . . . . . . . . . . . . . . . . . .x

 Federal Rules of Appellate Procedure and Local Rules of the First Circuit1
Title I. Applicability of Rules. . . . . . . . . . . . . . . . .1
 Rule 1. Scope of Rules and Title . . . . . . . . . . . . . . .1
 Rule 2. Suspension of Rules. . . . . . . . . . . . . . . . . .1
Title II. Appeals From a Judgment and Order of a District Court.1
 Rule 3. Appeal as of Right How Taken . . . . . . . . . . . .1
 Rule 3.1. Appeal from a Judgment Entered by a Magistrate Judge in a Civil Case
 [Abrogated] . . . . . . . . . . . . . . . . . . . .3
 Local Rule 3. Docket Fees . . . . . . . . . . . . . . . . .3
 Rule 4. Appeal as of Right When Taken. . . . . . . . . . . .3
 Rule 5. Appeal by Permission Under 28 U.S.C.  1292(b) . . . .7
 Rule 5.1. Appeal by Permission Under 28 U.S.C.  636(c)(5) . .9
 Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a
District Court or of
 Bankruptcy Appellate Panel . . . . . . . . . . . . . . . . . . .9
 Rule 7. Bond for Costs on Appeal in Civil Cases. . . . . . . 11
 Rule 8. Stay or Injunction Pending Appeal. . . . . . . . . . 11
 Rule 9. Release in a Criminal Case . . . . . . . . . . . . . 13
 Local Rule 9. Recalcitrant Witnesses. . . . . . . . . . . 13
 Rule 10. The Record on Appeal. . . . . . . . . . . . . . . . 14
 Local Rule 10. Ordering Transcripts . . . . . . . . . . . 16
 Rule 11. Forwarding the Record . . . . . . . . . . . . . . . 16
 Local Rule 11. Record on Appeal . . . . . . . . . . . . . 18
 Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record18
 Local Rule 12. Calendaring. . . . . . . . . . . . . . . . 18
Title III. Review of a Decision of the United States Tax Court 18
 Rule 13. Review of a Decision of the Tax Court . . . . . . . 19
 Rule 14. Applicability of Other Rules to Review of Decisions of the Tax Court19
Title IV. Review and Enforcement of Orders of Administrative Agencies, Boards, Commissions
and Officers . . . . . . . . . . . . . . . . . . . . . . . . . 20
 Rule 15. Review or Enforcement of an Agency Order How Obtained; Intervention20
 Rule 15.1. Briefs and Oral Argument in National Labor Relations Board Proceedings21
 Rule 16. The Record on Review or Enforcement . . . . . . . . 21
 Rule 17. Filing the Record . . . . . . . . . . . . . . . . . 22
 Rule 18. Stay Pending Review . . . . . . . . . . . . . . . . 22
 Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part23
 Rule 20. Applicability of Other Rules to Review or Enforcement of an Agency Order23
Title V. Extraordinary Writs . . . . . . . . . . . . . . . . . 23
 Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs23
 Local Rule 21. Petitions for Special Writs. . . . . . . . 25
Title VI. Habeas Corpus; Proceedings In Forma Pauperis . . . . 25
 Rule 22. Habeas Corpus and Section 2255 Proceedings. . . . . 25
 Local Rule 22. Habeas Corpus. . . . . . . . . . . . . . . 26
 Interim Local Rule 22.1. Certificate of Appealability . . 26
 Interim Local Rule 22.2. Motion to File a Second or Successive Petition Under 28
U.S.C.  2254 or 
 2255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
 Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding27
 Rule 24. Proceeding in Forma Pauperis. . . . . . . . . . . . 28
Title VII. General Provisions. . . . . . . . . . . . . . . . . 29
 Rule 25. Filing and Service. . . . . . . . . . . . . . . . . 29
 Local Rule 25.1. Facsimile Filing . . . . . . . . . . . . 31
 Rule 26. Computing and Extending Time . . . . . . . . . . . 31
 Rule 26.1. Corporate Disclosure Statement. . . . . . . . . . 32
 Rule 27. Motions . . . . . . . . . . . . . . . . . . . . . . 33
 Local Rule 27. Motions. . . . . . . . . . . . . . . . . . 35
 Local Rule 27.1. Summary Disposition. . . . . . . . . . . 35
 Rule 28. Briefs. . . . . . . . . . . . . . . . . . . . . . . 35
 Local Rule 28.1. Citations. . . . . . . . . . . . . . . . 38
 Local Rule 28.2. Addendum to Briefs . . . . . . . . . . . 38
 Rule 29. Brief of an Amicus Curiae . . . . . . . . . . . . . 38
 Rule 30. Appendix to the Briefs. . . . . . . . . . . . . . . 39
 Local Rule 30.1. Content. . . . . . . . . . . . . . . . . 42
 Local Rule 30.2. Number . . . . . . . . . . . . . . . . . 42
 Local Rule 30.3. Filing of Designations, etc. . . . . . . 42
 Local Rule 30.4. Reproduction . . . . . . . . . . . . . . 42
 Local Rule 30.5. Original Copies. . . . . . . . . . . . . 42
 Local Rule 30.6. In Forma Pauperis. . . . . . . . . . . . 42
 Local Rule 30.7. Translations . . . . . . . . . . . . . . 43
 Local Rule 30.8. Sanctions. . . . . . . . . . . . . . . . 43
 Rule 31. Serving and Filing Briefs . . . . . . . . . . . . . 43
 Local Rule 31. Time . . . . . . . . . . . . . . . . . . . 44
 Local Rule 31.1. Computer Generated Briefs. . . . . . . . 44
 Rule 32. Form of Briefs, Appendices and Other Papers . . . . 45
 Rule 33. Appeal Conferences. . . . . . . . . . . . . . . . . 47
 Rule 34. Oral Argument . . . . . . . . . . . . . . . . . . . 47
 Local Rule 34.1. Oral Argument. . . . . . . . . . . . . . 48
 Local Rule 34.2. Terms and Sittings . . . . . . . . . . . 49
 Rule 35. En Banc Determination . . . . . . . . . . . . . . . 50
 Local Rule 35.1. Petitions for En Banc Consideration. . . 51
 Local Rule 35.2. Sanctions. . . . . . . . . . . . . . . . 51
 Local Rule 35.3. Composition of En Banc Court . . . . . . 51
 Rule 36. Entry of Judgment; Notice . . . . . . . . . . . . . 51
 Local Rule 36.1. Opinions . . . . . . . . . . . . . . . . 52
 Local Rule 36.2. Publication of Opinions. . . . . . . . . 52
 Rule 37. Interest on Judgment. . . . . . . . . . . . . . . . 53
 Rule 38. Frivolous Appeals Damages and Costs . . . . . . . 53
 Rule 39. Costs . . . . . . . . . . . . . . . . . . . . . . . 54
 Local Rule 39.1. Fee Application under the Equal Access to Justice Act55
 Local Rule 39.2. Fee Applications other than under 28 U.S.C.  241255
 Rule 40. Petition for Panel Rehearing. . . . . . . . . . . . 55
 Rule 41. Mandate: Contents; Issuance and Effective Date; Stay 56
 Local Rule 41. Stay of Mandate. . . . . . . . . . . . . . 57
 Rule 42. Voluntary Dismissal . . . . . . . . . . . . . . . . 57
 Rule 43. Substitution of Parties . . . . . . . . . . . . . . 57
 Rule 44. Cases Involving Constitutional Questions Where United States Is Not a Party58
 Rule 45. Clerks's Duties . . . . . . . . . . . . . . . . . . 59
 Local Rule 45. Defaults . . . . . . . . . . . . . . . . . 60
 Local Rule 45.1. The Clerk. . . . . . . . . . . . . . . . 60
 Local Rule 45.2. Library. . . . . . . . . . . . . . . . . 60
 Rule 46. Attorneys . . . . . . . . . . . . . . . . . . . . . 60
 Local Rule 46. Staff Attorneys and Law Clerks . . . . . . 61
 Local Rule 46.1. Attorneys. . . . . . . . . . . . . . . . 62
 Local Rule 46.2. Disciplinary Enforcement . . . . . . . . 62
 Local Rule 46.3. Standing Rule Governing Appearance and Argument by Eligible Law
Students62
 Local Rule 46.4. Withdrawal of Appearance . . . . . . . . 64
 Local Rule 46.4(a). Procedure for Withdrawal in Criminal Cases64
 Local Rule 46.5. Appointment of Counsel . . . . . . . . . 65
 Local Rule 46.6. Temporary Suspension of Attorneys. . . . 67
 Rule 47. Local Rules by Courts of Appeals. . . . . . . . . . 67
 Local Rule 47.1. Judicial Conference of the First Circuit 68
 Local Rule 47.2. Advisory Committee . . . . . . . . . . . 68
 Local Rule 47.3. Comments from Members of the Bar . . . . 69
 Local Rule 47.4. Rule Day . . . . . . . . . . . . . . . . 69
 Local Rule 47.5. Civil Appeals Management Plan. . . . . . 69
 Rule 48. Masters . . . . . . . . . . . . . . . . . . . . . . 71

 Appendix of Forms. . . . . . . . . . . . . . . . . . . . . . . 72
 Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District
Court72
 Form 2. Notice of Appeal to a Court of Appeals From a Decision of the United States
Tax Court73
 Form 3. Petition for Review of Order of an Agency, Board, Commission or Officer74
 Form 4. Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis75
 Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District
Court or Bankruptcy
 Appellate Panel. . . . . . . . . . . . . . . . . . . . . . . . 80
 First Circuit Appearance Form. . . . . . . . . . . . . . . . 81

 Appendix A. Selected Sections from Title 28 of the United States Code82
  2253. Appeal . . . . . . . . . . . . . . . . . . . . . . . 82
  2254. State custody; remedies in Federal courts. . . . . . 82
  2255. Federal custody; remedies on motion attacking sentence84

 Appendix B: Order of the Court Regarding Section 2254, 2255 Petitions85
 Judges of the Court

 Hon. Juan R. Torruella, Chief Judge

 Hon. Bruce M. Selya, Circuit Judge
 Hon. Michael Boudin, Circuit Judge
 Hon. Norman H. Stahl, Circuit Judge
 Hon. Sandra L. Lynch, Circuit Judge
 Hon. Kermit V. Lipez, Circuit Judge

 Hon. Bailey Aldrich, Senior Circuit Judge
 Hon. Frank M. Coffin, Senior Circuit Judge
 Hon. Levin H. Campbell, Senior Circuit Judge
 Hon. Hugh H. Bownes, Senior Circuit Judge
 Hon. Conrad K. Cyr, Senior Circuit Judge

 Hon. David Souter, Circuit Justice

 Officers of the Court

 Phoebe Morse, Clerk of Court
 Vincent Flanagan, Circuit Executive
 Karen M. Moss, Circuit Librarian
 Kathy Lanza, Senior Staff Attorney

 Advisory Committee on Rules

 Samuel Cespedes
 Herman Cestero
 Emily Rice Gray
 Michael B. Keating
 Joan Lukey
 Richard W. MacAdams
 John W. McCarthy
 John O'Leary
 Mark Spiegel Amendments

December 1, 1998
 This edition of the rules supersedes the February 1998 publication. Since then, the following
rule
has been adopted. Proposed rules are not included in this rulebook; they are available in the
Clerk's
Office.

Local Rule 46.1. Attorneys: adopted. (June 10, 1998)

 Schedule of Fees

 Effective April 1, 1996

 Following are fees to be charged for services to be performed by clerks of the courts of
appeals. No fees are to be charged for services rendered on behalf of the United States, with the
exception of those specifically prescribed in items 2, 4, and 13. No fees under this schedule shall
be charged to federal agencies or programs which are funded from judiciary appropriations,
including, but not limited to, agencies, organizations, and individuals providing services
authorized by the Criminal Justice Act, 18 U.S.C.  3006A, and Bankruptcy Administrator
programs.

 (1) For docketing a case on appeal or review, or docketing any other proceeding, $100. A
 separate fee [$105] shall be paid by each party filing a notice of appeal in the district court,
 but parties filing a joint notice of appeal in the district court are required to pay only one
 fee. A docketing fee shall not be charged for the docketing of an application for the
 allowance of an interlocutory appeal under 28 U.S.C.  1292(b), unless the appeal is
 allowed.
 (2) For every search of the records of the court and certifying the results thereof, $15.
 (3) For certifying any document or paper, whether the certification is made directly on the
 document, or by separate instrument, $5.
 (4) For reproducing any record or paper, 50 cents per page. This fee shall apply to paper
copies
 made from either: (1) original documents; or (2) microfiche or microfilm reproductions of
 the original records.
 (5) For reproduction of magnetic tape recordings, either cassette or reel-to-reel, $15
including
 the cost of materials.
 (6) For reproduction of the record in any appeal in which the requirement of an appendix
is
 dispensed with by any court of appeals pursuant to Rule 30(f), F.R.A.P., a flat fee of $25.
 (7) For each microfiche or microfilm copy of any court record, where available, $3.
 (8) For retrieval of a record from a Federal Records Center, National Archives, or other
storage
 location removed from the place of business of the court, $25.
 (9) For a check paid into the court which is returned for lack of funds, $25.
 (10) Fees to be charged and collected for copies of opinions shall be fixed, from time to
time, by
 each court, commensurate with the cost of printing.
 (11) The court may charge and collect fees, commensurate with the cost of printing, for
copies
 of the local rules of court. The court may also distribute copies of the local rules without
 charge.
 (12) The clerk shall assess a charge for the handling of registry funds deposited with the
court,
 to be assessed from interest earnings and in accordance with the detailed fee schedule
 issued by the Director of the Administrative Office of the United States Courts.
 (13) For usage of electronic access to court data, 60 cents per minute of usage [provided
the
 court may, for good cause, exempt persons or classes of persons from the fees, in order to
 avoid unreasonable burdens and to promote public access to such information]. All such
 fees collected shall be deposited to the Judiciary Automation Fund. This fee shall apply to
 the United States. Major Case Processing Events
Key:
 USDC: U.S. District Court for the district from which
 the appeal originates
 USCA: U.S. Court of Appeals for the First Circuit
 USTC: United States Tax Court
USC: United States Code
 IFP: In Forma Pauperis FRAP: Federal Rules of Appellate Procedure
 LR: Local Rules for the U.S. Court of Appeals for the
 First Circuit
 IOP: Internal Operating Procedures for the U.S. Court
 of Appeals for the First Circuit
 NoA: Notice of Appeal
 RoA: Record on Appeal

WHAT
WHO
WHERE / WHEN
REFERENCE

Notice of
Appeal
Appellant
Civil cases: filed in USDC within 30 days after entry of
order or judgment; 60 days if US is a party.
Criminal cases: filed in USDC within 10 days after entry of
order or judgment; 30 days if US is the appellant.
Tax cases: filed in USTC within 90 days after decision
entered.
FRAP 3, 4, 13
Forms 1, 2, 5

Petition for
Review
Petitioner
Filed in USCA within time provided by statute.
FRAP 15
Form 3

Filing and
Docketing
Fees
Appellant /
Petitioner
Appeals from USDC or USTC: $105 ($5 filing fee + $100
docketing fee) paid to Clerk, USDC or USTC, due within
40 days of filing NOA, unless appellant is IFP or US.
Agency, writ of mandamus, original proceedings: $100
docket fee paid to Clerk, USCA, due when filed.
FRAP 3
LR 3
IOP III(A)
28 USC  1913

CAMP
Statement
Appellant
Form A (CAMP statement) will be provided by USCA.
Filed in USCA within 10 days of issuance.
LR 47.5

Transcript
Order
Appellant
Form CA-1-10 available at USDC. Transcript must be
ordered using this form and copies must be filed in USDC
within 10 days after filing NoA.
FRAP 10(b)
LR 10
IOP III(B)

Transcript
Court Re
porter
Filed in USDC within 30 days after the order.
FRAP 11(b)
IOP III(C)

Record on
Appeal
Clerk,
USDC
Filed in USCA.
FRAP 10-12
LR 10-12

Appellant's
Brief
Appellant
Filed in USCA within 35 days (40 for Puerto Rico) of filing
of RoA. Cover: Blue. Length limit: proportionally spaced
typeface - 14,000 words; monospaced typeface - 14,000
words or 1,300 lines.
Non-IFP: Copies: Original + 9 + disk.
IFP: Copies: Original + 3.
FRAP 31, 32
LR 31, 31.1
IOP V

Addendum
Appellant
Bound to appellant's brief. Page limit: 20.
LR 28.2

Appendix
Appellant
Filed in USCA with appellant's brief. Excused if IFP.
Cover: White. Copies: original + 4.
FRAP 30
LR 30.2-.8

Appellee's
Brief
Appellee
Filed in USCA within 30 days of service of appellant's
brief. Cover: Red. Length limit: proportionally spaced
typeface - 14,000 words; monospaced typeface - 14,000
words or 1,300 lines. .
Non-IFP: Copies: Original + 9 + disk.
IFP: Copies: Original + 3.
FRAP 31, 32
LR 31, 31.1
IOP V

Appellant's
Reply Brief
Appellant
Filed in USCA within 10 days of filing appellee's brief.
Cover: Gray. Length limit: proportionally spaced typeface
- 7,000 words; monospaced typeface -7,000 words or 650
lines.
Non-IFP: Copies: Original + 9 + disk.
IFP: Copies: Original + 3.
FRAP 31, 32
LR 31, 31.1
IOP V

Amicus
Curi Brief
Amicus
curi
Filed in USCA, must accompany motion for leave to file
unless all parties consent to filing. Cover: Green. Length
limit: proportionally spaced typeface - 7,000 words;
monospaced typeface -7,000 words or 650 lines.
Copies: Original + 9 + disk.
FRAP 29, 31
FRAP 32
LR 31, 31.1
IOP V

Statement of
Issues and
Designation
of Contents
of Appendix
Appellant /
Appellee
Filed in USCA within 10 days from date of filing RoA or,
in agency cases, certified list or transcript. Designation of
Contents of Appendix is excused if IFP.
FRAP 10(b)(3)
FRAP 25, 30
LR 11

Oral Argu
ment

Calendar is announced at least one week before argument
starts. Names of Judges may be disclosed 7 days before the
session. Counsel should be present at the opening of Court.
Arguments are usually limited to 15 min. per side.
FRAP 34
LR 12, 34.1
IOP VIII

Bill of Costs
Prevailing
party
Filed in USCA within 14 days after entry of judgment.
Applications for fees are due within 30 days of judgment.
FRAP 39
LR 39.1, 39.2

Petition for
Rehearing
Petitioner
Filed in USCA within 14 days (45 days if civil case in
which US or agency is a party) after entry of judgment.
Same color / copies as principal brief. Page limit: 15.
FRAP 40
IOP X

Mandate
Clerk,
USCA
Issued 7 days after either: expiration of time for filing a
petition for rehearing, or, after entry of any order denying a
petition for panel rehearing, rehearing en banc, or motion
for stay of mandate, whichever is later.
FRAP 41
LR 41

Petition for
Writ of Cer
tiorari
Petitioner
Filed with Clerk, U.S. Supreme Court, according to statute
and the rules of the Supreme Court.
28 USC  2101

 Notice to Litigants

To assist litigants in preparing documents in conformity with the filing requirements specified by
the Federal Rules of Appellate Procedure [Fed.R.App.P.] and the Local Rules of this Court
[Loc.R.],
the Clerk's Office has compiled a list of common, but easily avoidable, errors that often delay the
processing of cases and may result in the striking or returning for correction of submitted
documents.

1. Form of Briefs
To ensure that clear and readable briefs are filed with the Court, the parties should carefully
comply
with the margin and print size requirements of Fed.R.App.P. 32. The Court will not tolerate
attempts
to circumvent the length limitations through, e.g., the use of narrow margins, undersize or
condensed
print, or excessive reliance on footnotes. One copy of the brief must be submitted on a computer
readable disk.

2. Contents of Briefs
The parties and counsel should provide a statement of the issues; state the appellate standard of
review for each issue; and observe the other requirements of Fed.R.App.P. 28.

3. References in Briefs to the Record
To enable the Court to verify the documentary basis of the parties' arguments, factual assertions
must
be supported by accurate references to the appendix or to the record. Counsel and parties should
ensure that transcripts cited in the briefs have been filed and made a part of the record on appeal.
Requests for transcripts from the court/agency reporter must be made immediately.

4. Addendum to Brief
To assist the Court in understanding the nature of the issues on appeal, the appellant's brief must
include an addendum containing, among other things, a copy of the judgment, ruling or order
being
appealed, and any accompanying memoranda or statement of reason.

5. Appendix to the Briefs
To help the Court understand the facts of the case, the appellant is responsible for preparing an
appendix in accordance with Fed.R.App.P. 30(d) and Loc.R. 30.4, with each page clearly
numbered.
Documents may be reproduced by any process that yields a legible clear black image on light
paper.
The parties should not include any extraneous materials (such as notation or underlining) in any
document included in the appendix.

6. Motions to Enlarge Filing Dates or Length of Briefs
Motions for extensions of time to file briefs or to file briefs in excess of applicable length
limitations
are discouraged. Any such request must be made by a motion filed well before the expiration of
the
time limit for filing the brief.

7. Certificate of Service
The Court will not consider any motion, brief, or document that has not been served on all parties
to the case. Therefore, all documents submitted for filing must contain a statement, preferably
attached to the document's last page, indicating: the date of service; the manner of service (e.g.,
first
class mail, personal service, overnight mail); the names and addresses of the persons served; and
the
certification or signature of the person who made service. In lieu of such a certification, papers
presented for filing must include an acknowledgment of service required by Fed.R.App.P. 25(d).

8. Corporate Disclosure Statement
Counsel representing corporations in proceedings before this Court must include a corporate
disclosure statement meeting the requirement set forth in Fed.R.App.P. 26.1 in the first document
submitted for filing with the Court and again in front of the table of contents in the party's
principal
brief.

 Federal Rules of Appellate Procedure
 and First Circuit Local Rules

TITLE I. APPLICABILITY OF RULES

Rule 1. Scope of Rules; Title

(a) Scope of Rules.

 (1) These rules govern procedure in the United States courts of appeals.

 (2) When these rules provide for filing a motion or other document in the district court,
the
 procedure must comply with the practice of the district court.

 (b) Rules Do Not Affect Jurisdiction. These rules do not extend or limit the jurisdiction of
the courts of
 appeals.

 (c) Title. These rules are to be known as the Federal Rules of Appellate Procedure.

 Rule 2. Suspension of Rules

 On its own or a party's motion, a court of appeals may to expedite its decision or for other
good
cause suspend any provision of these rules in a particular case and order proceeding as it directs,
except as otherwise provided in Rule 26(b).

TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A
DISTRICT COURT

Rule 3. Appeal as of Right How Taken

(a) Filing the Notice of Appeal.

 (1) An appeal permitted by law as of right from a district court to a court of appeals may
be taken
 only by filing a notice of appeal with the district clerk within the time allowed by Rule 4.
At
 the time of filing, the appellant must furnish the clerk with enough copies of the notice to
 enable the clerk to comply with Rule 3(d).
 (2) An appellant's failure to take any step other than the timely filing of a notice of appeal
does
 not affect the validity of the appeal, but is ground only for the court of appeals to act as it
 considers appropriate, including dismissing the appeal.

 (3) An appeal from a judgment by a magistrate judge in a civil case is taken in the same way
as
 an appeal from any other district court judgment.

 (4) An appeal by permission under 28 U.S.C.  1292(b) or an appeal in a bankruptcy case
may be
 taken only in the manner prescribed by Rules 5 and 6, respectively.

(b) Joint or Consolidated Appeals.

 (1) When two or more parties are entitled to appeal from a district-court judgment or order,
and
 their interests make joinder practicable, they may file a joint notice of appeal. They may then
 proceed on appeal as a single appellant.

 (2) When the parties have filed separate timely notices of appeal, the appeals may be joined
or
 consolidated by the court of appeals.

(c) Contents of the Notice of Appeal.

 (1) The notice of appeal must:

 (A) specify the party or parties taking the appeal by naming each one in the caption or body
 of the notice, but an attorney representing more than one party may describe those parties
 with such terms as "all plaintiffs," "the defendants," "the plaintiffs A, B, et al.," or "all
 defendants except X";

 (B) designate the judgment, order, or part thereof being appealed; and

 (C) name the court to which the appeal is taken.

 (2) A pro se notice of appeal is considered filed on behalf of the signer and the signer's
spouse
 and minor children (if they are parties), unless the notice clearly indicates otherwise.

 (3) In a class action, whether or not the class has been certified, the notice of appeal is
sufficient
 if it names one person qualified to bring the appeal as representative of the class.

 (4) An appeal must not be dismissed for informality of form or title of the notice of appeal, or
for
 failure to name a party whose intent to appeal is otherwise clear from the notice.

 (5) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.

 (d) Serving the Notice of Appeal.

 (1) The district clerk must serve notice of the filing of a notice of appeal by mailing a copy to
each
 party's counsel of record excluding the appellant's or, if a party is proceeding pro se, to
 the party's last known address. When a defendant in a criminal case appeals, the clerk must
 also serve a copy of the notice of appeal on the defendant, either by personal service or by
mail
 addressed to the defendant. The clerk must promptly send a copy of the notice of appeal and
 of the docket entries and any later docket entries to the clerk of the court of appeals
 named in the notice. The district clerk must note, on each copy, the date when the notice of
 appeal was filed.

 (2) If an inmate confined in an institution files a notice of appeal in the manner provided by
Rule
 4(c), the district clerk must also note the date when the clerk docketed the notice.

 (3) The district clerk's failure to serve notice does not affect the validity of the appeal. The
clerk
 must note on the docket the names of the parties to whom the clerk mails copies, with the date
 of mailing. Service is sufficient despite the death of a party or the party's counsel.

 (e) Payment of Fees. Upon filing a notice of appeal, the appellant must pay the district clerk
all
 required fees. The district clerk receives the appellate docket fee on behalf of the court of
appeals.

Local Rule 3. Docket Fees.

 If appellant does not pay the docket fee within 40 days of the filing of the notice of appeal,
or such
further time as the court may order, the appeal may be dismissed.

 Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case
 [Abrogated]

 Rule 4. Appeal as of Right When Taken

 (a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

 (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of
 appeal required by Rule 3 must be filed with the district clerk within 30 days after the
 judgment or order appealed from is entered.

 (B) When the United States or its officer or agency is a party, the notice of appeal may be
filed
 by any party within 60 days after the judgment or order appealed from is entered.

 (2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a
 decision or order but before the entry of the judgment or order is treated as filed on the
 date of and after the entry.

 (3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a
notice
 of appeal within 14 days after the date when the first notice was filed, or within the time
 otherwise prescribed by this Rule 4(a), whichever period ends later.

 (4) Effect of a Motion on a Notice of Appeal.

 (A) If a party timely files in the district court any of the following motions under the Federal
 Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of
 the order disposing of the last such remaining motion:

 (i) for judgment under Rule 50(b);

 (ii) to amend or make additional factual findings under Rule 52(b), whether or not
 granting the motion would alter the judgment;

 (iii) for attorney's fees under Rule 54 if the district court extends the time to appeal under
 Rule 58;

 (iv) to alter or amend the judgment under Rule 59;

 (v) for a new trial under Rule 59; or

 (vi) for relief under Rule 60 if the motion is filed no later than 10 days (computed using
 Federal Rule of Civil Procedure 6(a)) after the judgment is entered.

 (B) (i) If a party files a notice of appeal after the court announces or enters a judgment
 but before it disposes of any motion listed in Rule 4(a)(4)(A) the notice becomes
 effective to appeal a judgment or order, in whole or in part, when the order disposing
 of the last such remaining motion is entered.

 (ii) A party intending to challenge an order disposing of any motion listed in Rule
 4(a)(4)(A), or a judgment altered or amended upon such a motion, must file a notice
 of appeal, or an amended notice of appeal in compliance with Rule 3(c) within
 the time prescribed by this Rule measured from the entry of the order disposing of
 the last such remaining motion.

 (iii) No additional fee is required to file an amended notice.

(5) Motion for Extension of Time.

 (A) The district court may extend the time to file a notice of appeal if:

 (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a)
 expires; and

 (ii) that party shows excusable neglect or good cause.

 (B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1) or (3) may be
 ex parte unless the court requires otherwise. If the motion is filed after the expiration of
 the prescribed time, notice must be given to the other parties in accordance with local
 rules.

 (C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 10
 days after the date when the order granting the motion is entered, whichever is later.

 (6) Reopening the Time to File an Appeal. The district court may reopen the time to file an
 appeal for a period of 14 days after the date when its order to reopen is entered, but only if all
 the following conditions are satisfied:

 (A) the motion is filed within 180 days after the judgment or order is entered or within 7
days
 after the moving party receives notice of the entry, whichever is earlier;

 (B) the court finds that the moving party was entitled to notice of the entry of the judgment
 or order sought to be appealed but did not receive the notice from the district court or any
 party within 21 days after entry; and

 (C) the court finds that no party would be prejudiced.

 (7) Entry Defined. A judgment or order is entered for purposes of this Rule 4(a) when it is
 entered in compliance with Rules 58 and 79(a) of the Federal Rules of Civil Procedure.

(b) Appeal in a Criminal Case.

 (1) Time for Filing a Notice of Appeal.

 (A) In a criminal case, a defendant's notice of appeal must be filed in the district court
within
 10 days after the later of:

 (i) the entry of either the judgment or the order being appealed; or

 (ii) the filing of the government's notice of appeal.

 (B) When the government is entitled to appeal, its notice of appeal must be filed in the
district
 court within 30 days after the later of:

 (i) the entry of the judgment or order being appealed; or

 (ii) the filing of a notice of appeal by any defendant.

 (2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a
 decision, sentence, or order but before the entry of the judgment or order is treated as
 filed on the date of and after the entry.

 (3) Effect of a Motion on a Notice of Appeal.

 (A) If a defendant timely makes any of the following motions under the Federal Rules of
 Criminal Procedure, the notice of appeal from a judgment of conviction must be filed
 within 10 days after the entry of the order disposing of the last such remaining motion, or
 within 10 days after the entry of the judgment of conviction, whichever period ends later.
 This provision applies to a timely motion:

 (i) for judgment of acquittal under Rule 29;

 (ii) for a new trial under Rule 33, but if based on newly discovered evidence, only if the
 motion is made no later than 10 days after the entry of the judgment; or

 (iii) for arrest of judgment under Rule 34.

 (B) A notice of appeal filed after the court announces a decision, sentence, or order but
 before it disposes of any of the motions referred to in Rule 4(b)(3)(A) becomes
 effective upon the later of the following:

 (i) the entry of the order disposing of the last such remaining motion; or

 (ii) the entry of the judgment of conviction.

 (C) A valid notice of appeal is effective without amendment to appeal from an order
 disposing of any of the motions referred to in Rule 4(b)(3)(A).

 (4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the
 district court may before or after the time has expired, with or without motion and notice
 extend the time to file a notice of appeal for a period not to exceed 30 days from the
expiration
 of the time otherwise prescribed by this Rule 4(b).

 (5) Jurisdiction. The filing of a notice of appeal under this Rule 4(b) does not divest a district
 court of jurisdiction to correct a sentence under Federal Rule of Criminal Procedure 35(c), nor
 does the filing of a motion under 35(c) affect the validity of a notice of appeal filed before
 entry of the order disposing of the motion.

 (6) Entry Defined. A judgment or order is entered for purposes of this Rule 4(b) when it is
 entered on the criminal docket.

 (c) Appeal by an Inmate Confined in an Institution.

 (1) If an inmate confined in an institution files a notice of appeal in either a civil or a criminal
 case, the notice is timely if it is deposited in the institution's internal mail system on or before
 the last day for filing. If an institution has a system designed for legal mail, the inmate must
 use that system to receive the benefit of this rule. Timely filing may be shown by a
declaration
 in compliance with 28 U.S.C.  1746 or by a notarized statement, either of which must set
 forth the date of deposit and state that first-class postage has been prepaid.

 (2) If an inmate files the first notice of appeal in a civil case under this Rule 4(c), the 14-day
period
 provided in Rule 4(a)(3) for another party to file a notice of appeal runs from the date when
 the district court dockets the first notice.

 (3) When a defendant in a criminal case files a notice of appeal under this Rule 4(c), the
30-day
 period for the government to file its notice of appeal runs from the entry of the judgment or
 order appealed from or from the district court's docketing of the defendant's notice of appeal,
 whichever is later.

 (d) Mistaken Filing in the Court of Appeals. If a notice of appeal in either a civil or a
criminal case
 is mistakenly filed in the court of appeals, the clerk of that court must note on the notice the
date
 when it was received and send it to the district clerk. The notice is then considered filed in the
 district court on the date so noted.

 Rule 5. Appeal by Permission

(a) Petition for Permission to Appeal.

 (1) To request permission to appeal when an appeal is within the court of appeals' discretion,
a
 party must file a petition for permission to appeal. The petition must be filed with the circuit
 clerk with proof of service on all other parties to the district-court action.

 (2) The petition must be filed within the time specified by the statute or rule authorizing the
appeal
 or, if no such time is specified, within the time provided by Rule 4(a) for filing a notice of
 appeal.

 (3) If a party cannot petition for appeal unless the district court first enters an order granting
 permission to do so or stating that the necessary conditions are met, the district court may
 amend its order, either on its own or in response to a party's motion, to include the required
 permission or statement. In that event, the time to petition runs from entry of the amended
 order.

 (b) Contents of the Petition; Answer or Cross-Petition; Oral Argument.

 (1) The petition must include the following:

 (A) the facts necessary to understand the question presented;

(B) the question itself;

(C) the relief sought;

 (D) the reasons why the appeal should be allowed and is authorized by a statute or rule; and

(E) an attached copy of:

 (i) the order, decree, or judgment complained of and any related opinion or memoran
 dum, and

 (ii) any order stating the district court's permission to appeal or finding that the necessary
 conditions are met.

 (2) A party may file an answer in opposition or a cross-petition within 7 days after the
petition is
 served.

 (3) The petition and answer will be submitted without oral argument unless the court of
appeals
 orders otherwise.

 (c) Form of Papers; Number of Copies. All papers must conform to Rule 32(a)(1). An
original and
 3 copies must be filed unless the court requires a different number by local rule or by order in a
 particular case.

 (d) Grant of Permission; Fees; Cost Bond; Filing the Record.

 (1) Within 10 days after the entry of the order granting permission to appeal, the appellant
must:

 (A) pay the district clerk all required fees; and

 (B) file a cost bond if required under Rule 7.

 (2) A notice of appeal need not be filed. The date when the order granting permission to
appeal
 is entered serves as the date of the notice of appeal for calculating time under these rules.

 (3) The district clerk must notify the circuit clerk once the petitioner has paid the fees. Upon
 receiving this notice, the circuit clerk must enter the appeal on the docket. The record must
 be forwarded and filed in accordance with Rules 11 and 12(c).

Rule 5.1. Appeal by Leave under 28 U.S.C.  636(c)(5)
 [Abrogated]

 Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree
 of a District Court or Bankruptcy Appellate Panel

 (a) Appeal From a Judgment, Order, or Decree of a District Court Exercising Original
 Jurisdiction in a Bankruptcy Case. An appeal to a court of appeals from a final judgment, order,
 or decree of a district court exercising jurisdiction under 28 U.S.C.  1334 is taken as any other
 civil appeal under these rules.

 (b) Appeal From a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate
 Panel Exercising Appellate Jurisdiction in a Bankruptcy Case.

 (1) Applicability of Other Rules. These rules apply to an appeal to a court of appeals under
28
 U.S.C.  158(d) from a final judgment, order, or decree of a district court or bankruptcy
 appellate panel exercising appellate jurisdiction under 28 U.S.C.  158(a) or (b). But there are
 3 exceptions:

 (A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(b), 13-20, 22-23, and 24(b) do not apply;

 (B) the reference in Rule 3(c) to "Form 1 in the Appendix of Forms" must be read as a
 reference to Form 5; and

 (C) when the appeal is from a bankruptcy appellate panel, the term "district court," as used
 in any applicable rule, means "appellate panel."

 (2) Additional Rules. In addition to the rules made applicable by Rule 6(b)(1), the following
 rules apply:

 (A) Motion for rehearing.

 (i) If a timely motion for rehearing under Bankruptcy Rule 8015 is filed, the time to
 appeal for all parties runs from the entry of the order disposing of the motion. A
 notice of appeal filed after the district court or bankruptcy appellate panel announces
 or enters a judgment, order, or decree but before disposition of the motion for
 rehearing becomes effective when the order disposing of the motion for rehearing
 is entered.

 (ii) Appellate review of the order disposing of the motion requires the party, in
 compliance with Rules 3(c) and 6(b)(1)(B), to amend a previously filed notice of
 appeal. A party intending to challenge an altered or amended judgment, order, or
 decree must file a notice of appeal or amended notice of appeal within the time
 prescribed by Rule 4 excluding Rules 4(a)(4) and 4(b) measured from the entry
 of the order disposing of the motion.

 (iii) No additional fee is required to file an amended notice.

 (B) The record on appeal.

 (i) Within 10 days after filing the notice of appeal, the appellant must file with the clerk
 possessing the record assembled in accordance with Bankruptcy Rule 8006 and
 serve on the appellee a statement of the issues to be presented on appeal and a
 designation of the record to be certified and sent to the circuit clerk.

 (ii) An appellee who believes that other parts of the record are necessary must, within 10
 days after being served with the appellant's designation, file with the clerk and serve
 on the appellant a designation of additional parts to be included.

 (iii) The record on appeal consists of:

 the redesignated record as provided above;

 the proceedings in the district court or bankruptcy appellate panel; and

 a certified copy of the docket entries prepared by the clerk under Rule 3(d).

 (C) Forwarding the record.

 (i) When the record is complete, the district clerk or bankruptcy appellate panel clerk
 must number the documents constituting the record and send them promptly to the
 circuit clerk together with a list of the documents correspondingly numbered and
 reasonably identified. Unless directed to do so by a party or the circuit clerk, the
 clerk will not send to the court of appeals documents of unusual bulk or weight,
 physical exhibits other than documents, or other parts of the record designated for
 omission by local rule of the court of appeals. If the exhibits are unusually bulky or
 heavy, a party must arrange with the clerks in advance for their transportation and
 receipt.

 (ii) All parties must do whatever else is necessary to enable the clerk to assemble and
 forward the record. The court of appeals may provide by rule or order that a certified
 copy of the docket entries be sent in place of the redesignated record, but any party
 may request at any time during the pendency of the appeal that the redesignated
 record be sent.

 (D) Filing the record. Upon receiving the record or a certified copy of the docket entries
 sent in place of the redesignated record the circuit clerk must file it and immediately
 notify all parties of the filing date.

Rule 7. Bond for Costs on Appeal in a Civil Case

In a civil case, the district court may require an appellant to file a bond or provide other security
in any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a
surety
on a bond given under this rule.

Rule 8. Stay or Injunction Pending Appeal

(a) Motion for Stay.

 (1) Initial Motion in the District Court. A party must ordinarily move first in the district
court
 for the following relief:

 (A) a stay of the judgment or order of a district court pending appeal;

 (B) approval of a supersedeas bond; or

 (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is
 pending.

 (2) Motion in the Court of Appeals; Conditions on Relief. A motion for the relief mentioned
 in Rule 8(a)(1) may be made to the court of appeals or to one of its judges.

(A) The motion must:

 (i) show that moving first in the district court would be impracticable; or

 (ii) state that, a motion having been made, the district court denied the motion or
failed
 to afford the relief requested and state any reasons given by the district court for its
 action.

 (B) The motion must also include:

 (i) the reasons for granting the relief requested and the facts relied on;

 (ii) originals or copies of affidavits or other sworn statements supporting facts subject
 to dispute; and

 (iii) relevant parts of the record.

 (C) The moving party must give reasonable notice of the motion to all parties.

 (D) A motion under this Rule 8(a)(2) must be filed with the circuit clerk and normally will
be
 considered by a panel of the court. But in an exceptional case in which time requirements
 make that procedure impracticable, the motion may be made to and considered by a single
 judge.

 (E) The court may condition relief on a party's filing a bond or other appropriate security in
 the district court.

 (b) Proceeding Against a Surety. If a party gives security in the form of a bond or stipulation
or
 other undertaking with one or more sureties, each surety submits to the jurisdiction of the
district
 court and irrevocably appoints the district clerk as the surety's agent on whom any papers
affecting
 the surety's liability on the bond or undertaking may be served. On motion, a surety's liability
 may be enforced in the district court without the necessity of an independent action. The
motion
 and any notice that the district court prescribes may be served on the district clerk, who must
 promptly mail a copy to each surety whose address is known.

 (c) Stay in a Criminal Case. Rule 38 of the Federal Rules of Criminal Procedure governs a
stay in
 a criminal case.

 Rule 9. Release in a Criminal Case

 (a) Release Before Judgment of Conviction.

 (1) The district court must state in writing, or orally on the record, the reasons for an order
 regarding the release or detention of a defendant in a criminal case. A party appealing from
 the order must file with the court of appeals a copy of the district court's order and the court's
 statement of reasons as soon as practicable after filing the notice of appeal. An appellant who
 questions the factual basis for the district court's order must file a transcript of the release
 proceedings or an explanation of why a transcript was not obtained.

 (2) After reasonable notice to the appellee, the court of appeals must promptly determine the
 appeal on the basis of the papers, affidavits, and parts of the record that the parties present or
 the court requires. Unless the court so orders, briefs need not be filed.

 (3) The court of appeals or one of its judges may order the defendant's release pending the
 disposition of the appeal.

 (b) Release After Judgment of Conviction. A party entitled to do so may obtain review of a
district-
 court order regarding release after a judgment of conviction by filing a notice of appeal from
that
 order in the district court, or by filing a motion in the court of appeals if the party has already
filed
 a notice of appeal from the judgment of conviction. Both the order and the review are subject
to
 Rule 9(a). The papers filed by the party seeking review must include a copy of the judgment of
 conviction.

 (c) Criteria for Release. The court must make its decision regarding release in accordance
with the
 applicable provisions of 18 U.S.C.  3142, 3143, and 3145(c).

 Local Rule 9. Recalcitrant Witnesses

 A recalcitrant witness who is held in contempt for refusal to testify is entitled to disposition of
the
recalcitrant witness's appeal within thirty days if the recalcitrant witness is denied bail, and the
government is entitled to equal promptness if bail is granted. The unsuccessful party on the bail
issue
may waive the thirty day statutory requirement by filing a written waiver with the clerk of this
court.
 The district court shall allow bail, with or without surety, unless the appeal appears frivolous,
but
a condition shall be the filing of a notice of appeal forthwith, and obedience to all subsequent
orders
with respect to briefing and argument. Except for cause shown the district court shall not, in any
case,
order a witness committed for the first forty-eight hours after the date of the order.
 The appeal shall be docketed immediately, and the district court's order on bail may be
reviewed
by the court of appeals or a judge thereof.

Rule 10. The Record on Appeal

(a) Composition of the Record on Appeal. The following items constitute the record on appeal:

 (1) the original papers and exhibits filed in the district court;

 (2) the transcript of proceedings, if any; and

 (3) a certified copy of the docket entries prepared by the district clerk.

 (b) The Transcript of Proceedings.

 (1) Appellant's Duty to Order. Within 10 days after filing the notice of appeal or entry of an
 order disposing of the last timely remaining motion of a type specified in Rule 4(a)(4)(A),
 whichever is later, the appellant must do either of the following:

 (A) order from the reporter a transcript of such parts of the proceedings not already on file
as
 the appellant considers necessary, subject to a local rule of the court of appeals and with
 the following qualifications:

 (i) the order must be in writing;

 (ii) if the cost of the transcript is to be paid by the United States under the Criminal
 Justice Act, the order must so state; and

 (iii) the appellant must, within the same period, file a copy of the order with the district
 clerk; or

 (B) file a certificate stating that no transcript will be ordered.

 (2) Unsupported Finding or Conclusion. If the appellant intends to urge on appeal that a
finding
 or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant must
 include in the record a transcript of all evidence relevant to that finding or conclusion.

 (3) Partial Transcript. Unless the entire transcript is ordered:

 (A) the appellant must within the 10 days provided in Rule 10(b)(1) file a statement of
 the issues that the appellant intends to present on the appeal and must serve on the
 appellee a copy of both the order or certificate and the statement;

 (B) if the appellee considers it necessary to have a transcript of other parts of the
proceedings,
 the appellee must, within 10 days after the service of the order or certificate and the
 statement of the issues, file and serve on the appellant a designation of additional parts to
 be ordered; and

 (C) unless within 10 days after service of that designation the appellant has ordered all such
 parts, and has so notified the appellee, the appellee may within the following 10 days
 either order the parts or move in the district court for an order requiring the appellant to
 do so.

 (4) Payment. At the time of ordering, a party must make satisfactory arrangements with the
 reporter for paying the cost of the transcript.

 (c) Statement of the Evidence When the Proceedings Were Not Recorded or When a
Transcript
 Is Unavailable. If the transcript of a hearing or trial is unavailable, the appellant may prepare a
 statement of the evidence or proceedings from the best available means, including the
appellant's
 recollection. The statement must be served on the appellee, who may serve objections or
 proposed amendments within 10 days after being served. The statement and any objections or
 proposed amendments must then be submitted to the district court for settlement and approval.
 As settled and approved, the statement must be included by the district clerk in the record on
 appeal.

 (d) Agreed Statement as the Record on Appeal. In place of the record on appeal as defined
in Rule
 10(a), the parties may prepare, sign, and submit to the district court a statement of the case
 showing how the issues presented by the appeal arose and were decided in the district court.
The
 statement must set forth only those facts averred and proved or sought to be proved that are
 essential to the court's resolution of the issues. If the statement is truthful, it together with any
 additions that the district court may consider necessary to a full presentation of the issues on
appeal
 must be approved by the district court and must then be certified to the court of appeals as the
 record on appeal. The district clerk must then send it to the circuit clerk within the time
provided
 by Rule 11. A copy of the agreed statement may be filed in place of the appendix required by
Rule
 30.

 (e) Correction or Modification of the Record.

 (1) If any difference arises about whether the record truly discloses what occurred in the
district
 court, the difference must be submitted to and settled by that court and the record conformed
 accordingly.

 (2) If anything material to either party is omitted from or misstated in the record by error or
 accident, the omission or misstatement may be corrected and a supplemental record may be
 certified and forwarded:

(A) on stipulation of the parties;

 (B) by the district court before or after the record has been forwarded; or

(C) by the court of appeals.

 (3) All other questions as to the form and content of the record must be presented to the court
of
 appeals.

Local Rule 10. Ordering Transcripts.

 FRAP 10(b) requires that the transcript be ordered within 10 days of the filing of the notice of
appeal. Parties are nevertheless urged to order any necessary transcript immediately after the
filing
of the notice. Parties who do not do so, and who thereafter seek extensions of time from this
court,
will have the burden of showing why they did not comply with this request and the party and or
counsel will ordinarily be subject to a monetary penalty in an amount to be set by the court for
not
timely ordering a transcript in writing from the court reporter.
 Caveat. The court is of the opinion that in many cases a transcript is not really needed, and
makes
for delay and expense, as well as unnecessarily large records. The court urges counsel to
endeavor,
in appropriate cases, to enter into stipulations that will avoid or reduce transcripts. (See FRAP
30(b)). However, if an agreed statement of the evidence is contemplated, counsel are reminded
of
FRAP 10(c) requiring submission to the district court for approval. The clerk of the court of
appeals
is prepared to offer assistance in this regard, and to hold informal hearings attended by both sides
looking to such a stipulation. The ten-day ordering rule will not be suspended because of such
activity; however, except by order of the court for good cause shown.

Rule 11. Forwarding the Record

 (a) Appellant's Duty. An appellant filing a notice of appeal must comply with Rule 10(b) and
must
 do whatever else is necessary to enable the clerk to assemble and forward the record. If there
are
 multiple appeals from a judgment or order, the clerk must forward a single record.

 (b) Duties of Reporter and District Clerk.

 (1) Reporter's Duty to Prepare and File a Transcript. The reporter must prepare and file a
 transcript as follows:

 (A) Upon receiving an order for a transcript, the reporter must enter at the foot of the order
the
 date of its receipt and the expected completion date and send a copy, so endorsed, to the
 circuit clerk.

 (B) If the transcript cannot be completed within 30 days of the reporter's receipt of the
order,
 the reporter may request the circuit clerk to grant additional time to complete it. The clerk
 must note on the docket the action taken and notify the parties.

 (C) When a transcript is complete, the reporter must file it with the district clerk and notify
 the circuit clerk of the filing.

 (D) If the reporter fails to file the transcript on time, the circuit clerk must notify the district
 judge and do whatever else the court of appeals directs.

 (2) District Clerk's Duty to Forward. When the record is complete, the district clerk must
 number the documents constituting the record and send them promptly to the circuit clerk
 together with a list of the documents correspondingly numbered and reasonably identified.
 Unless directed to do so by a party or the circuit clerk, the district clerk will not send to the
 court of appeals documents of unusual bulk or weight, physical exhibits other than
documents,
 or other parts of the record designated for omission by local rule of the court of appeals. If the
 exhibits are unusually bulky or heavy, a party must arrange with the clerks in advance for
their
 transportation and receipt.

 (c) Retaining the Record Temporarily in the District Court for Use in Preparing the Appeal.
 The parties may stipulate, or the district court on motion may order, that the district clerk retain
 the record temporarily for the parties to use in preparing the papers on appeal. In that event the
 district clerk must certify to the circuit clerk that the record on appeal is complete. Upon receipt
 of the appellee's brief, or earlier if the court orders or the parties agree, the appellant must
request
 the district clerk to forward the record.

(d) [Abrogated.]

(e) Retaining the Record by Court Order.

 (1) The court of appeals may, by order or local rule, provide that a certified copy of the
docket
 entries be forwarded instead of the entire record. But a party may at any time during the
appeal
 request that designated parts of the record be forwarded.

 (2) The district court may order the record or some part of it retained if the court needs it
while the
 appeal is pending, subject, however, to call by the court of appeals.

 (3) If part or all of the record is ordered retained, the district clerk must send to the court of
 appeals a copy of the order and the docket entries together with the parts of the original record
 allowed by the district court and copies of any parts of the record designated by the parties.

 (f) Retaining Parts of the Record in the District Court by Stipulation of the Parties. The
parties
 may agree by written stipulation filed in the district court that designated parts of the record be
 retained in the district court subject to call by the court of appeals or request by a party. The
parts
 of the record so designated remain a part of the record on appeal.

 (g) Record for a Preliminary Motion in the Court of Appeals. If, before the record is
forwarded,
 a party makes any of the following motions in the court of appeals:

 for dismissal;
 for release;
 for a stay pending appeal;
 for additional security on the bond on appeal or on a supersedeas bond; or
 for any other intermediate order

 the district clerk must send the court of appeals any parts of the record designated by any party.

Local Rule 11. Record on Appeal.

 In addition to an appellant's duties under FRAP 11(a), it is appellant's responsibility to see that
the record, as certified, is complete.

 Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the
 Record

 (a) Docketing the Appeal. Upon receiving the copy of the notice of appeal and the docket
entries
 from the district clerk under Rule 3(d), the circuit clerk must docket the appeal under the title of
 the district-court action and must identify the appellant, adding the appellant's name if
necessary.

 (b) Filing a Representation Statement. Unless the court of appeals designates another time,
the
 attorney who filed the notice of appeal must, within 10 days after filing the notice, file a
statement
 with the circuit clerk naming the parties that the attorney represents on appeal.

 (c) Filing the Record, Partial Record, or Certificate. Upon receiving the record, partial
record, or
 district clerk's certificate as provided in Rule 11, the circuit clerk must file it and immediately
 notify all parties of the filing date.

Local Rule 12. Calendering.

 At the time of filing of the record the clerk will tentatively assign the case to a specific month
for
hearing. Approximately three weeks prior to hearing, the clerk will contact counsel concerning
assignment of the case to a specific day, and the name of the person who will present the oral
argument. One week before the monthly sitting commences the clerk will prepare and distribute
an
order assigning the cases for that session to a day certain for hearing. The court reserves the
privilege of reducing the allotted time for argument when the case is presented.

TITLE III. REVIEW OF A DECISION OF THE UNITED STATES TAX
COURT
Rule 13. Review of a Decision of the Tax Court

 (a) How Obtained; Time for Filing Notice of Appeal.

 (1) Review of a decision of the United States Tax Court is commenced by filing a notice of
appeal
 with the Tax Court clerk within 90 days after the entry of the Tax Court's decision. At the
 time of filing, the appellant must furnish the clerk with enough copies of the notice to enable
 the clerk to comply with Rule 3(d). If one party files a timely notice of appeal, any other
party
 may file a notice of appeal within 120 days after the Tax Court's decision is entered.

 (2) If, under Tax Court rules, a party makes a timely motion to vacate or revise the Tax
Court's
 decision, the time to file a notice of appeal runs from the entry of the order disposing of the
 motion or from the entry of a new decision, whichever is later.

 (b) Notice of Appeal; How Filed. The notice of appeal may be filed either at the Tax Court
clerk's
 office in the District of Columbia or by mail addressed to the clerk. If sent by mail the notice is
 considered filed on the postmark date, subject to  7502 of the Internal Revenue Code, as
 amended, and the applicable regulations.

 (c) Contents of the Notice of Appeal; Service; Effect of Filing and Service. Rule 3 prescribes
the
 contents of a notice of appeal, the manner of service, and the effect of its filing and service.
Form
 2 in the Appendix of Forms is a suggested form of a notice of appeal.

 (d) The Record on Appeal; Forwarding; Filing.

 (1) An appeal from the Tax Court is governed by the parts of Rules 10, 11, and 12 regarding
the
 record on appeal from a district court, the time and manner of forwarding and filing, and the
 docketing in the court of appeals. References in those rules and in Rule 3 to the district court
 and district clerk are to be read as referring to the Tax Court and its clerk.

 (2) If an appeal from a Tax Court decision is taken to more than one court of appeals, the
original
 record must be sent to the court named in the first notice of appeal filed. In an appeal to any
 other court of appeals, the appellant must apply to that other court to make provision for the
 record.

 Rule 14. Applicability of Other Rules to the Review of a Tax Court Decision

All provisions of these rules, except Rules 4-9, 15-20, and 22-23, apply to the review of a Tax
Court decision.

TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINIS
TRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER

 Rule 15. Review or Enforcement of an Agency Order How Obtained;
 Intervention

 (a) Petition for Review; Joint Petition.

 (1) Review of an agency order is commenced by filing, within the time prescribed by law, a
 petition for review with the clerk of a court of appeals authorized to review the agency order.
 If their interests make joinder practicable, two or more persons may join in a petition to the
 same court to review the same order.

(2) The petition must:

 (A) name each party seeking review either in the caption or the body of the petition using
 such terms as "et al.,"
 "petitioners," or "respondents" does not effectively name the parties;

 (B) name the agency as a respondent (even though not named in the petition, the United
States
 is a respondent if required by statute); and

 (C) specify the order or part thereof to be reviewed.

 (3) Form 3 in the Appendix of Forms is a suggested form of a petition for review.

 (4) In this rule "agency" includes an agency, board, commission, or officer; "petition for
review"
 includes a petition to enjoin, suspend, modify, or otherwise review, or a notice of appeal,
 whichever form is indicated by the applicable statute.

 (b) Application or Cross-Application to Enforce an Order; Answer; Default.

 (1) An application to enforce an agency order must be filed with the clerk of a court of
appeals
 authorized to enforce the order. If a petition is filed to review an agency order that the court
 may enforce, a party opposing the petition may file a cross-application for enforcement.

 (2) Within 20 days after the application for enforcement is filed, the respondent must serve
on the
 applicant an answer to the application and file it with the clerk. If the respondent fails to
 answer in time, the court will enter judgment for the relief requested.

 (3) The application must contain a concise statement of the proceedings in which the order
was
 entered, the facts upon which venue is based, and the relief requested.

 (c) Service of the Petition or Application. The circuit clerk must serve a copy of the petition
for
 review, or an application or cross-application to enforce an agency order, on each respondent as
 prescribed by Rule 3(d), unless a different manner of service is prescribed by statute. At the
time
 of filing, the petitioner must:

 (1) serve, or have served, a copy on each party admitted to participate in the agency
proceedings,
 except for the respondents;

 (2) file with the clerk a list of those so served; and

 (3) give the clerk enough copies of the petition or application to serve each respondent.

 (d) Intervention. Unless a statute provides another method, a person who wants to intervene
in a
 proceeding under this rule must file a motion for leave to intervene with the circuit clerk and
serve
 a copy on all parties. The motion or other notice of intervention authorized by statute must
 be filed within 30 days after the petition for review is filed and must contain a concise statement
 of the interest of the moving party and the grounds for intervention.

 (e) Payment of Fees. When filing any separate or joint petition for review in a court of
appeals, the
 petitioner must pay the circuit clerk all required fees.

 Rule 15.1. Briefs and Oral Argument in a National Labor Relations Board
 Proceeding

 In either an enforcement or a review proceeding, a party adverse to the National Labor
Relations
Board proceeds first on briefing and at oral argument, unless the court orders otherwise.

Rule 16. The Record on Review or Enforcement

 (a) Composition of the Record. The record on review or enforcement of an agency order
consists
 of:

(1) the order involved;

 (2) any findings or report on which it is based; and

 (3) the pleadings, evidence, and other parts of the proceedings before the agency.

 (b) Omissions From or Misstatements in the Record. The parties may at any time, by
stipulation,
 supply any omission from the record or correct a misstatement, or the court may so direct. If
 necessary, the court may direct that a supplemental record be prepared and filed.

 Rule 17. Filing the Record

 (a) Agency to File; Time for Filing; Notice of Filing. The agency must file the record with
the
 circuit clerk within 40 days after being served with a petition for review, unless the statute
 authorizing review provides otherwise, or within 40 days after it files an application for
 enforcement unless the respondent fails to answer or the court orders otherwise. The court may
 shorten or extend the time to file the record. The clerk must notify all parties of the date when
the
 record is filed.

(b) Filing What Constitutes.

(1) The agency must file:

 (A) the original or a certified copy of the entire record or parts designated by the parties; or

 (B) a certified list adequately describing all documents, transcripts of testimony, exhibits,
and
 other material constituting the record, or describing those parts designated by the parties.

 (2) The parties may stipulate in writing that no record or certified list be filed. The date when
the
 stipulation is filed with the circuit clerk is treated as the date when the record is filed.

 (3) The agency must retain any portion of the record not filed with the clerk. All parts of the
 record retained by the agency are a part of the record on review for all purposes and, if the
 court or a party so requests, must be sent to the court regardless of any prior stipulation.

Rule 18. Stay Pending Review

 (a) Motion for a Stay.

 (1) Initial Motion Before the Agency. A petitioner must ordinarily move first before the
agency
 for a stay pending review of its decision or order.

 (2) Motion in the Court of Appeals. A motion for a stay may be made to the court of appeals
 or one of its judges.

 (A) The motion must:

 (i) show that moving first before the agency would be impracticable; or

 (ii) state that, a motion having been made, the agency denied the motion or failed to
 afford the relief requested and state any reasons given by the agency for its action.

 (B) The motion must also include:

 (i) the reasons for granting the relief requested and the facts relied on;

 (i) originals or copies of affidavits or other sworn statements supporting facts subject
 to dispute; and

 (iii) relevant parts of the record.

 (C) The moving party must give reasonable notice of the motion to all parties.

 (D) The motion must be filed with the circuit clerk and normally will be considered by a
panel
 of the court. But in an exceptional case in which time requirements make that procedure
 impracticable, the motion may be made to and considered by a single judge.

(b) Bond. The court may condition relief on the filing of a bond or other appropriate security.

 Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part

 When the court files an opinion directing entry of judgment enforcing the agency's order in
part,
the agency must within 14 days file with the clerk and serve on each other party a proposed
judgment
conforming to the opinion. A party who disagrees with the agency's proposed judgment must
within
7 days file with the clerk and serve the agency with a proposed judgment that the party believes
conforms to the opinion. The court will settle the judgment and direct entry without further
hearing
or argument.

 Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order

All provisions of these rules, except Rules 3-14 and 22-23, apply to the review or enforcement of
an agency order. In these rules, "appellant" includes a petitioner or applicant, and "appellee"
includes
a respondent.

 TITLE V. EXTRAORDINARY WRITS

 Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs

 (a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing.

 (1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a
 petition with the circuit clerk with proof of service on all parties to the proceeding in the trial
 court. The party must also provide a copy to the trial-court judge. All parties to the
 proceeding in the trial court other than the petitioner are respondents for all purposes.

 (2) (A) The petition must be titled "In re [name of petitioner]."

 (B) The petition must state:

 (i) the relief sought;

 (ii) the issues presented;

 (iii) the facts necessary to understand the issue presented by the petition; and

 (iv) the reasons why the writ should issue.

 (C) The petition must include a copy of any order or opinion or parts of the record that may
 be essential to understand the matters set forth in the petition.

 (3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it
to
 the court.

 (b) Denial; Order Directing Answer; Briefs; Precedence.

 (1) The court may deny the petition without an answer. Otherwise, it must order the
respondent,
 if any, to answer within a fixed time.

 (2) The clerk must serve the order to respond on all persons directed to respond.

 (3) Two or more respondents may answer jointly.

 (4) The court of appeals may invite or order the trial-court judge to address the petition or
may
 invite an amicus curiae to do so. The trial-court judge may request permission to address the
 petition but may not do so unless invited or ordered to do so by the court of appeals.

 (5) If briefing or oral argument is required, the clerk must advise the parties, and when
 appropriate, the trial-court judge or amicus curiae.

 (6) The proceeding must be given preference over ordinary civil cases.

 (7) The circuit clerk must send a copy of the final disposition to the trial-court judge.

 (c) Other Extraordinary Writs. An application for an extraordinary writ other than one
provided
 for in Rule 21(a) must be made by filing a petition with the circuit clerk with proof of service
on
 the respondents. Proceedings on the application must conform, so far as is practicable, to the
 procedures prescribed in Rule 21(a) and (b).

 (d) Form of Papers; Number of Copies. All papers must conform to Rule 32(a)(1). An
original and
 3 copies must be filed unless the court requires the filing of a different number by local rule or
by
 order in a particular case.

Local Rule 21. Petitions for Special Writs

 A petition for a writ of mandamus or writ of prohibition shall be entitled simply "In re
______________, 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, who shall appear in the name of the party and not that of the judge.

TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA
 PAUPERIS

Rule 22. Habeas Corpus and Section 2255 Proceedings

 (a) Application for the Original Writ. An application for a writ of habeas corpus must be
made to
 the appropriate district court. If made to a circuit judge, the application must be transferred to
the
 appropriate district court. If a district court denies an application made or transferred to it,
renewal
 of the application before a circuit judge is not permitted. The applicant may, under 28 U.S.C. 
 2253, appeal to the court of appeals from the district court's order denying the application.

 (b) Certificate of Appealability.

 (1) In a habeas corpus proceeding in which the detention complained of arises from process
issued
 by a state court, or in a 28 U.S.C.  2255 proceeding, the applicant cannot take an appeal
 unless a circuit justice or a circuit or district judge issues a certificate of appealability under
 28 U.S.C.  2253(c). If an applicant files a notice of appeal, the district judge who rendered
 the judgment must either issue a certificate of appealability or state why a certificate should
 not issue. The district clerk must send the certificate or statement to the court of appeals with
 the notice of appeal and the file of the district-court proceedings. If the district judge has
 denied the certificate, the applicant may request a circuit judge to issue the certificate.

 (2) A request addressed to the court of appeals may be considered by a circuit judge or
judges, as
 the court prescribes. If no express request for a certificate is filed, the notice of appeal
 constitutes a request addressed to the judges of the court of appeals.

 (3) A certificate of appealability is not required when a state or its representative or the
United
 States or its representative appeals.

Local Rule 22. Habeas Corpus

(see Appendix B: Order of the Court Regarding Section 2254, 2255 Petitions in the First Circuit)

 FRAP 22(b) is supplemented as follows. In this circuit neither the court nor a judge thereof
will
initially receive or act on a request for a certificate of probable cause if the district judge who
refused
the writ is available. The request to the district judge should be made as promptly as possible. If
the
district judge denies the certificate, and a notice of appeal has been filed, this court will review
the
district court judge's decision. However, it may decline to make such review unless a
memorandum
has been filed by the petitioner, either in the district court, or in this court, giving specific reasons
and
not mere generalizations why such relief should be granted. Ten days after the district court file
has
been received in this court, the clerk will present the record to the court, with or without a
separate
request for a certificate of probable cause addressed to that court. If no sufficient memorandum
has
been filed by that time, the court may deny the certificate without further consideration. The
effect of
such denial is to terminate the appeal.

 Interim Local Rule 22.1. Certificate of Appealability.

 (see Appendix B: Order of the Court Regarding Section 2254, 2255 Petitions in the First
Circuit)

 Fed.R.App.P. 22(b) is supplemented as follows:

(a) The procedure set forth in Fed.R.App.P. 22(b) shall apply to requests for certificates of
appealability in actions under 28 U.S.C.  2254 and 28 U.S.C.  2255.

(b) In this circuit, ordinarily neither the court nor a judge thereof will initially receive or act on a
request for a certificate of appealability if the district judge who refused the writ is unavailable
unless
an application has first been made to the district court judge. A petitioner wishing to appeal from
the
denial of a  2254 or  2255 petition must timely file a notice of appeal and should promptly
apply
to the district court for a certificate of appealability. If the district court grants a certificate of
appealability, it must state which issue or issues satisfy the standard set forth in 28
U.S.C.
 2253(c)(2). If the district court denies a certificate of appealability, it shall state the reasons
why
the certificate should not issue.

(c) Once the district court grants or denies a certificate of appealability, the petitioner should
promptly apply to the court of appeals for issuance of a certificate of appealability. The motion
should
be accompanied by a copy of the district court's order and a memorandum giving specific and
substantial reasons, and not mere generalizations, why a certificate should be granted. Ten days
after
the district court file has been received in this court, the clerk will present the record to the court,
with
or without a separate motion for a certificate of appealability addressed to that court. If no
sufficient
memorandum has been filed by that time, the certificate may be denied without further
consideration.
The effect of a denial is to terminate the appeal.

Interim Local Rule 22.2. Motion to File a Second or Successive Petition Under 28
 U.S.C.  2254 or 2255

(see Appendix B: Order of the Court Regarding Section 2254, 2255 Petitions in the First Circuit)

(a) A motion for authorization to file a second or successive  2254 or  2255 petition must be
sufficiently complete on filing to allow the court to assess whether the standard set forth in 28
U.S.C.
 2244(b) or 2255, as applicable, has been satisfied. The motion must be accompanied by both
 (1) a memorandum clearly stating the new claim(s) presented and addressing how  2244(b)'s or
 2255's standard is satisfied, and
 (2) copies of all relevant portions of earlier court proceedings.
 While the content of (2) may vary from case to case and depend in part on the type of new
claims
raised, the motion must ordinarily include
 (A) copies of all  2254 or 2255 petitions earlier filed,
 (B) the respondent's answer to the earlier petitions (including any portion of the state record the
respondent submitted to the district court),
 (C) any magistrate-judge's report and recommendation in the earlier  2254 or  2255
proceedings,
 (D) the district court's decision in the earlier proceedings, and
 (E) the portions of the state court record needed to evaluate the claims presented and to show
that
movant has exhausted state court remedies.

(b) If the court of appeals determines that the motion and accompanying materials are not
sufficiently
complete to assess the motion, the court of appeals may deny the motion with or without
prejudice to
refiling or may in its discretion treat the motion lodged, the filing being deemed complete when
the
deficiency is remedied.

(c) The movant shall serve a copy of the motion to file a second or successive petition and all
accompanying attachments on the state attorney general ( 2254 cases) or United States Attorney
General for the federal judicial district in which movant was convicted ( 2255 cases) and shall
comply with Fed.R.App.P. 25.

(d) The state attorney general ( 2254 cases) or United States Attorney ( 2255 cases) is
requested
to file a response within 14 days of the filing of the motion.

Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding

 (a) Transfer of Custody Pending Review. Pending review of a decision in a habeas corpus
 proceeding commenced before a court, justice, or judge of the United States for the release of a
 prisoner, the person having custody of the prisoner must not transfer custody to another unless a
 transfer is directed in accordance with this rule. When, upon application, a custodian shows the
 need for a transfer, the court, justice, or judge rendering the decision under review may
authorize
 the transfer and substitute the successor custodian as a party.

 (b) Detention or Release Pending Review of Decision Not to Release. While a decision not
to
 release a prisoner is under review, the court or judge rendering the decision, or the court of
appeals,
 or the Supreme Court, or a judge or justice of either court, may order that the prisoner be:

 (1) detained in the custody from which release is sought;

(2) detained in other appropriate custody; or

 (3) released on personal recognizance, with or without surety.

 (c) Release Pending Review of Decision Ordering Release. While a decision ordering the
release
 of a prisoner is under review, the prisoner must unless the court or judge rendering the
decision,
 or the court of appeals, or the Supreme Court, or a judge or justice of either court orders
otherwise
 be released on personal recognizance, with or without surety.

 (d) Modification of the Initial Order on Custody. An initial order governing the prisoner's
custody
 or release, including any recognizance or surety, continues in effect pending review unless for
 special reasons shown to the court of appeals or the Supreme Court, or to a judge or justice of
 either court, the order is modified or an independent order regarding custody, release, or surety
is
 issued.

Rule 24. Proceeding in Forma Pauperis

 (a) Leave to Proceed in Forma Pauperis.

 (1) Motion in the District Court. Except as stated in Rule 24(a)(3), a party to a district-court
 action who desires to appeal in forma pauperis must file a motion in the district court. The
 party must attach an affidavit that:

 (A) shows in the detail prescribed by Form 4 of the Appendix of Forms, the party's inability
 to pay or to give security for fees and costs;

 (B) claims an entitlement to redress; and

 (C) states the issues that the party intends to present on appeal.

 (2) Action on the Motion. If the district court grants the motion, the party may proceed on
appeal
 without prepaying or giving security for fees and costs. If the district court denies the motion,
 it must state its reasons in writing.

 (3) Prior Approval. A party who was permitted to proceed in forma pauperis in the
district-court
 action, or who was determined to be financially unable to obtain an adequate defense in a
 criminal case, may proceed on appeal in forma pauperis without further authorization, unless
 the district court before or after the notice of appeal is filed certifies that the appeal is not
 taken in good faith or finds that the party is not otherwise entitled to proceed in forma
pauperis.
 In that event, the district court must state in writing its reasons for the certification or finding.

 (4) Notice of District Court's Denial. The district clerk must immediately notify the parties
and
 the court of appeals when the district court does any of the following:

 (A) denies a motion to proceed on appeal in forma pauperis;

 (B) certifies that the appeal is not taken in good faith; or

 (C) finds that the party is not otherwise entitled to proceed in forma pauperis.

 (5) Motion in the Court of Appeals. A party may file a motion to proceed on appeal in forma
 pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule
 24(a)(4). The motion must include a copy of the affidavit filed in the district court and the
 district court's statement of reasons for its action. If no affidavit was filed in the district court,
 the party must include the affidavit prescribed by Rule 24(a)(1).

 (b) Leave to Proceed in Forma Pauperis on Appeal or Review of an Administrative-Agency
 Proceeding. When an appeal or review of a proceeding before an administrative agency, board,
 commission, or officer (including for the purpose of this rule the United States Tax Court)
 proceeds directly in a court of appeals, a party may file in the court of appeals a motion for
leave
 to proceed on appeal in forma pauperis with an affidavit prescribed by Rule 24(a)(1).

 (c) Leave to Use Original Record. A party allowed to proceed on appeal in forma pauperis
may
 request that the appeal be heard on the original record without reproducing any part.

TITLE VII. GENERAL PROVISIONS

Rule 25. Filing and Service

(a) Filing.

 (1) Filing with the Clerk. A paper required or permitted to be filed in a court of appeals must
be
 filed with the clerk.

 (2) Filing: Method and Timeliness.

 (A) In general. Filing may be accomplished by mail addressed to the clerk, but filing is not
 timely unless the clerk receives the papers within the time fixed for filing.

 (B) A brief or appendix. A brief or appendix is timely filed, however, if on or before the
last
 day for filing, it is:

 (i) mailed to the clerk by First-Class Mail, or other class of mail that is at least as
 expeditious, postage prepaid; or

 (ii) dispatched to a third-party commercial carrier for delivery to the clerk within 3
 calendar days.

 (C) Inmate filing. A paper filed by an inmate confined in an institution is timely if
deposited
 in the institution's internal mailing system on or before the last day for filing. If an
 institution has a system designed for legal mail, the inmate must use that system to receive
 the benefit of this rule. Timely filing may be shown by a declaration in compliance with
 28 U.S.C.  1746 or by a notarized statement, either of which must set forth the
 date of deposit and state that first-class postage has been prepaid.

 (D) Electronic filing. A court of appeals may by local rule permit papers to be filed, signed,
 or verified by electronic means that are consistent with technical standards, if any, that the
 Judicial Conference of the United States establishes. A paper filed by electronic means
 in compliance with a local rule constitutes a written paper for the purpose of applying
 these rules.

 (3) Filing a Motion with a Judge. If a motion requests relief that may be granted by a single
 judge, the judge may permit the motion to be filed with the judge; the judge must note the
 filing date on the motion and give it to the clerk.

 (4) Clerk's Refusal of Documents. The clerk must not refuse to accept for filing any paper
 presented for that purpose solely because it is not presented in proper form as required by
these
 rules or by any local rule or practice.

 (b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must,
at or
 before the time of filing a paper, serve a copy on the other parties to the appeal or review.
Service
 on a party represented by counsel must be made on the party's counsel.

 (c) Manner of Service. Service may be personal, by mail, or by third-party commercial
carrier for
 delivery within 3 calendar days. When reasonable considering such factors as the immediacy of
 the relief sought, distance, and cost, service on a party must be by a manner at least as
expeditious
 as the manner used to file the paper with the court. Personal service includes delivery of the
copy
 to a responsible person at the office of counsel. Service by mail or by commercial carrier is
 complete on mailing or delivery to the carrier.

 (d) Proof of Service.

 (1) A paper presented for filing must contain either of the following:

 (A) an acknowledgment of service by the person served; or

 (B) proof of service consisting of a statement by the person who made service certifying:

 (i) the date and manner of service;

 (ii) the names of the persons served; and

 (iii) their mailing addresses or the addresses of the places of delivery.

 (2) When a brief or appendix is filed by mailing or dispatch in accordance with Rule
25(a)(2)(B),
 the proof of service must also state the date and manner by which the document was mailed
 or dispatched to the clerk.

 (3) Proof of service may appear on or be affixed to the papers filed.

 (e) Number of Copies. When these rules require the filing or furnishing of a number of
copies, a
 court may require a different number by local rule or by order in a particular case.

Local Rule 25.1 Facsimile Filing

 The Clerk of Court is authorized to accept for filing papers transmitted by facsimile
equipment
in situations determined by the Clerk to be of an emergency nature or other compelling
circumstances,
subject to such procedures for follow-up filing of hard copies, or otherwise, as the Clerk may
from
time to time specify.

Rule 26. Computing and Extending Time

 (a) Computing Time. The following rules apply in computing any period of time specified in
these
 rules or in any local rule, court order, or applicable statute:

 (1) Exclude the day of the act, event, or default that begins the period.

 (2) Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than
7
 days, unless stated in calendar days.

 (3) Include the last day of the period unless it is a Saturday, Sunday, legal holiday, or if the
act
 to be done is filing a paper in court a day on which the weather or other conditions make the
 clerk's office inaccessible.

 (4) As used in this rule, "legal holiday" means New Year's Day, Martin Luther King, Jr.'s
 Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
 Veterans' Day, Thanksgiving Day, Christmas Day, and any other day declared a holiday by
 the President, Congress, or the state in which is located either the district court that rendered
 the challenged judgment or order, or the circuit clerk's principal office.

 (b) Extending Time. For good cause, the court may extend the time prescribed by these rules
or by
 its order to perform any act, or may permit an act to be done after that time expires. But the
court
 may not extend the time to file:

 (1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal;
or

 (2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or
otherwise
 review an order of an administrative agency, board, commission, or officer of the United
 States, unless specifically authorized by law.

 (c) Additional Time after Service. When a party is required or permitted to act within a
prescribed
 period after a paper is served on that party, 3 calendar days are added to the prescribed period
 unless the paper is delivered on the date of service stated in the proof of service.

Rule 26.1. Corporate Disclosure Statement

 (a) Who Must File. Any nongovernmental corporate party to a proceeding in a court of
appeals must
 file a statement identifying all its parent corporations and listing any publicly held company that
 owns 10% or more of the party's stock.

 (b) Time for Filing. A party must file the statement with the principal brief or upon filing a
motion,
 response, petition, or answer in the court of appeals, whichever occurs first, unless a local rule
 requires earlier filing. Even if the statement has already been filed, the party's principal brief
must
 include the statement before the table of contents.

 (c) Number of Copies. If the statement is filed before the principal brief, the party must file
an
 original and 3 copies unless the court requires a different number by local rule or by order in a
 particular case.

Rule 27. Motions

(a) In General.

 (1) Application for Relief. An application for an order or other relief is made by motion
unless
 these rules prescribe another form. A motion must be in writing unless the court permits
 otherwise.

 (2) Contents of a Motion.

 (A) Grounds and relief sought. A motion must state with particularity the grounds for the
 motion, the relief sought, and the legal argument necessary to support it.

 (B) Accompanying documents.

 (i) Any affidavit or other paper necessary to support a motion must be served and filed
 with the motion.

 (ii) An affidavit must contain only factual information, not legal argument.

 (iii) A motion seeking substantive relief must include a copy of the trial court's opinion
 or agency's decision as a separate exhibit.

 (C) Documents barred or not required.

 (i) A separate brief supporting or responding to a motion must not be filed.

 (ii) A notice of motion is not required.

 (iii) A proposed order is not required.

(3) Response.

 (A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its
 contents. The response must be filed within 10 days after service of the motion unless the
 court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be
 granted before the 10-day period runs only if the court gives reasonable notice to the
 parties that it intends to act sooner.

 (B) Request for affirmative relief. A response may include a motion for affirmative relief.
 The time to respond to the new motion, and to reply to that response, are governed by
 Rule 27(a)(3)(A) and (a)(4). The title of the response must alert the court to the request
 for relief.

 (4) Reply to Response. Any reply to a response must be filed within 7 days after service of
the
 response. A reply must not present matters that do not relate to the response.

 (b) Disposition of a Motion for a Procedural Order. The court may act on a motion for a
 procedural order including a motion under Rule 26(b) at any time without awaiting a
 response, and may, by rule or by order in a particular case, authorize its clerk to act on specified
 types of procedural motions. A party adversely affected by the court's, or the clerk's, action
may
 file a motion to reconsider, vacate, or modify that action. Timely opposition filed after the
motion
 is granted in whole or in part does not constitute a request to reconsider, vacate, or modify the
 disposition; a motion requesting that relief must be filed.

 (c) Power of a Single Judge to Entertain a Motion. A circuit judge may act alone on any
motion,
 but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals
may
 provide by rule or by order in a particular case that only the court may act on any motion or
class
 of motions. The court may review the action of a single judge.

 (d) Form of Papers; Page Limits; and Number of Copies.

 (1) Format.

 (A) Reproduction. A motion, response, or reply may be reproduced by any process that
 yields a clear black image on light paper. The paper must be opaque and unglazed. Only
 one side of the paper may be used.

 (B) Cover. A cover is not required but there must be a caption that includes the case
number,
 the name of the court, the title of the case, and a brief descriptive title indicating the
 purpose of the motion and identifying the party or parties for whom it is filed.

 (C) Binding. The document must be bound in any manner that is secure, does not obscure
 the text, and permits the document to lie reasonably flat when open.

 (D) Paper size, line spacing, and margins. The document must be on 8 by 11 inch paper.
 The text must be double-spaced, but quotations more than two lines long may be indented
 and single-spaced. Headings and footnotes may be single-spaced. Margins must be at
 least one inch on all four sides. Page numbers may be placed in the margins, but no text
 may appear there.

 (2) Page Limits. A motion or a response to a motion must not exceed 20 pages, exclusive of
the
 corporate disclosure statement and accompanying documents authorized by Rule 27(a)(2)(B),
 unless the court permits or directs otherwise. A reply to a response must not exceed 10 pages.

 (3) Number of Copies. An original and 3 copies must be filed unless the court requires a
different
 number by local rule or by order in a particular case.

 (e) Oral Argument. A motion will be decided without oral argument unless the court orders
 otherwise.

 Local Rule 27. Motions

 All motions will be decided without oral argument unless the court orders otherwise. Motions
will
not necessarily be allowed even though assented to. Motions for stay, or other emergency relief,
may
be denied for failure to present promptly. This rule should be read in conjunction with FRAP
Rule
27 and Local Rule 30.4, herein, as to clarity of reproduction, also applies.

Local Rule 27.1. Summary Disposition

 At any time, on such notice as the court may order, on motion of appellee or sua sponte, the
court
may dismiss the appeal or other request for relief or affirm and enforce the judgment or order
below
if the court lacks jurisdiction, or if it shall clearly appear that no substantial question is presented.
In case of obvious error the court may, similarly, reverse. Motions for such relief should be
promptly
filed when the occasion appears, and must be accompanied by four copies of a memorandum or
brief.

Rule 28. Briefs

(a) Appellant's Brief. The appellant's brief must contain, under appropriate headings and in the
order
 indicated:

 (1) a corporate disclosure statement if required by Rule 26.1;

 (2) a table of contents, with page references;

 (3) a table of authorities cases (alphabetically arranged), statutes, and other authorities with
 references to the pages of the brief where they are cited;

 (4) a jurisdictional statement, including:

 (A) the basis for the district court's or agency's subject-matter jurisdiction, with citations to
 applicable statutory provisions and stating relevant facts establishing jurisdiction;

 (B) the basis for the court of appeals' jurisdiction, with citations to applicable statutory
 provisions and stating relevant facts establishing jurisdiction;

 (C) the filing dates establishing the timeliness of the appeal or petition for review; and

 (D) an assertion that the appeal is from a final order or judgment that disposes of all parties'
 claims, or information establishing the court of appeals' jurisdiction on some other basis;

 (5) a statement of the issues presented for review;

 (6) a statement of the case briefly indicating the nature of the case, the course of proceedings,
and
 the disposition below;

 (7) a statement of facts relevant to the issues submitted for review with appropriate references
to
 the record (see Rule 28(e));

 (8) a summary of the argument, which must contain a succinct, clear, and accurate statement
of
 the arguments made in the body of the brief, and which must not merely repeat the argument
 headings;

 (9) the argument, which must contain:

 (A) appellant's contentions and the reasons for them, with citations to the authorities and
parts
 of the record on which the appellant relies; and

 (B) for each issue, a concise statement of the applicable standard of review (which may
appear
 in the discussion of the issue or under a separate heading placed before the discussion of
 the issues);

(10) a short conclusion stating the precise relief sought; and

(11) the certificate of compliance, if required by Rule 32(a)(7).

 (b) Appellee's Brief. The appellee's brief must conform to the requirements of Rule
28(a)(1)-(9) and
 (11), except that none of the following need appear unless the appellee is dissatisfied with the
 appellant's statement:

 (1) the jurisdictional statement;

 (2) the statement of the issues;

 (3) the statement of the case;

 (4) the statement of the facts; and

 (5) the statement of the standard of review.

 (c) Reply Brief. The appellant may file a brief in reply to the appellee's brief. An appellee
who has
 cross-appealed may file a brief in reply to the appellant's response to the issues presented by the
 cross-appeal. Unless the court permits, no further briefs may be filed. A reply brief must
contain
 a table of contents, with page references, and a table of authorities cases (alphabetically
 arranged), statutes, and other authorities with references to the pages of the reply brief where
 they are cited.

 (d) References to Parties. In briefs and at oral argument, counsel should minimize use of the
terms
 "appellant" and "appellee." To make briefs clear, counsel should use the parties' actual names
or
 the designations used in the lower court or agency proceeding, or such descriptive terms as "the
 employee," "the injured person," "the taxpayer," "the ship," "the stevedore."

 (e) References to the Record. References to the parts of the record contained in the appendix
filed
 with the appellant's brief must be to the pages of the appendix. If the appendix is prepared after
 the briefs are filed, a party referring to the record must follow one of the methods detailed in
Rule
 30(c). If the original record is used under Rule 30(f) and is not consecutively paginated, or if
the
 brief refers to an unreproduced part of the record, any reference must be to the page of the
original
 document. For example:

 Answer p. 7;
 Motion for Judgment p. 2;
 Transcript p. 231.

 Only clear abbreviations may be used. A party referring to evidence whose admissibility is in
 controversy must cite the pages of the appendix or of the transcript at which the evidence was
 identified, offered, and received or rejected.

 (f) Reproduction of Statutes, Rules, Regulations, etc. If the court's determination of the
issues
 presented requires the study of statutes, rules, regulations, etc., the relevant parts must be set out
 in the brief or in an addendum at the end, or may be supplied to the court in pamphlet form.

 (g) [Reserved]

 (h) Briefs in a Case Involving a Cross-Appeal. If a cross-appeal is filed, the party who files a
notice
 of appeal first is the appellant for the purposes of this rule and Rules 30, 31, and 34. If notices
are
 filed on the same day, the plaintiff in the proceeding below is the appellant. These designations
 may be modified by agreement of the parties or by court order. With respect to appellee's cross-
 appeal and response to appellant's brief, appellee's brief must conform to the requirements of
Rule
 28(a)(1)-(11). But an appellee who is satisfied with appellant's statement need not include a
 statement of the case or of the facts.

 (i) Briefs in a Case Involving Multiple Appellants or Appellees. In a case involving more
than one
 appellant or appellee, including consolidated cases, any number of appellants or appellees may
join
 in a brief, and any party may adopt by reference a part of another's brief. Parties may also join
in
 reply briefs.

 (j) Citation of Supplemental Authorities. If pertinent and significant authorities come to a
party's
 attention after the party's brief has been filed or after oral argument but before decision a
 party may promptly advise the circuit clerk by letter, with a copy to all other parties, setting
forth
 the citations. The letter must state without argument the reasons for the supplemental citations,
 referring either to the page of the brief or to a point argued orally. Any response must be made
 promptly and must be similarly limited.

Local Rule 28.1. Citations

 All citations to State or Commonwealth Courts shall include both the official state court
citation
and the National Reporter System citation when such decisions have been published in both
reports;
e.g., Coney v. Commonwealth, 364 Mass. 137, 301 N.E.2d 450 (1973). Law review or other
articles
unpublished at the time a brief or memorandum is filed may not be cited therein, except with
permission of the court.

Local Rule 28.2. Addendum to Briefs

 In addition to the requirements of FRAP 28, for the court's convenience, the brief of the
appellant
shall include an addendum containing the following items:
 (a) The judgement, ruling or order appealed from and any supporting opinion, memorandum,
or
statement of reason;
 (b) The portions of any instructions to the jury which are the subject of appeal;
 (c) Pertinent portions of any document in the record that is the subject of an issue on appeal;
and
 (d) Other items or short excepts from the record, if any, considered necessary for
understanding
the specific issues on appeal.
 The addendum shall be limited to 20 pages ( exclusive of the judgement, order or opinion
appealed
from) and shall be bound at the rear of the appellant's brief. The appellee's brief may include
such
an addendum to incorporate materials omitted from the appellant's addendum, subject to the
same
limitations on length and content. Material included in the addendum need not be reproduced in
the
appendix also.

Rule 29. Brief of an Amicus Curiae

 (a) When Permitted. The United States or its officer or agency, or a State, Territory,
Common
 wealth, or the District of Columbia may file an amicus-curiae brief without the consent of the
 parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if
the
 brief states that all parties have consented to its filing.

 (b) Motion for Leave to File. The motion must be accompanied by the proposed brief and
state:

 (1) the movant's interest; and

 (2) the reason why an amicus brief is desirable and why the matters asserted are relevant to
the
 disposition of the case.

 (c) Contents and Form. An amicus brief must comply with Rule 32. In addition to the
requirements
 of Rule 32, the cover must identify the party or parties supported and indicate whether the brief
 supports affirmance or reversal. If an amicus curiae is a corporation, the brief must include a
 disclosure statement like that required of parties by Rule 26.1. An amicus brief need not
comply
 with Rule 28, but must include the following:

 (1) a table of contents, with page references;

 (2) a table of authorities cases (alphabetically arranged), statutes and other authorities with
 references to the pages of the brief where they are cited;

 (3) a concise statement of the identity of the amicus curiae, its interest in the case, and the
source
 of its authority to file;

 (4) an argument, which may be preceded by a summary and which need not include a
statement
 of the applicable standard of review; and

 (5) a certificate of compliance, if required by Rule 32(a)(7).

 (d) Length. Except by the court's permission, an amicus brief may be no more than one-half
the
 maximum length authorized by these rules for a party's principal brief. If the court grants a
party
 permission to file a longer brief, that extension does not affect the length of an amicus brief.

 (e) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing
when
 necessary, no later than 7 days after the principal brief of the party being supported is filed.
An
 amicus curiae that does not support either party must file its brief no later than 7 days after the
 appellant's or petitioner's principal brief is filed. A court may grant leave for later filing,
 specifying the time within which an opposing party may answer.

 (f) Reply Brief. Except by the court's permission, an amicus curiae may not file a reply brief.

 (g) Oral Argument. An amicus curiae may participate in oral argument only with the court's
 permission.

Rule 30. Appendix to the Briefs

 (a) Appellant's Responsibility.

 (1) Contents of the Appendix. The appellant must prepare and file an appendix to the briefs
 containing:

 (A) the relevant docket entries in the proceeding below;

 (B) the relevant portions of the pleadings, charge, findings, or opinion;

 (C) the judgment, order, or decision in question; and

 (D) other parts of the record to which the parties wish to direct the court's attention.

 (2) Excluded Material. Memoranda of law in the district court should not be included in the
 appendix unless they have independent relevance. Parts of the record may be relied on by the
 court or the parties even though not included in the appendix.

 (3) Time to File; Number of Copies. Unless filing is deferred under Rule 30(c), the appellant
 must file 10 copies of the appendix with the brief and must serve one copy on counsel for
each
 party separately represented. An unrepresented party proceeding in forma pauperis must file
 4 legible copies with the clerk, and one copy must be served on counsel for each separately
 represented party. The court may by local rule or by order in a particular case require the
filing
 or service of a different number.

 (b) All Parties' Responsibilities.

 (1) Determining the Contents of the Appendix. The parties are encouraged to agree on the
 contents of the appendix. In the absence of an agreement, the appellant must, within 10 days
 after the record is filed, serve on the appellee a designation of the parts of the record the
 appellant intends to include in the appendix and a statement of the issues the appellant intends
 to present for review. The appellee may, within 10 days after receiving the designation, serve
 on the appellant a designation of additional parts to which it wishes to direct the court's
 attention. The appellant must include the designated parts in the appendix. The parties must
 not engage in unnecessary designation of parts of the record, because the entire record is
 available to the court. This paragraph applies also to a cross-appellant and a cross-appellee.

 (2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the cost of
the
 appendix. If the appellant considers parts of the record designated by the appellee to be
 unnecessary, the appellant may advise the appellee, who must then advance the cost of
 including those parts. The cost of the appendix is a taxable cost. But if any party causes
 unnecessary parts of the record to be included in the appendix, the court may impose the cost
 of those parts on that party. Each circuit must, by local rule, provide for sanctions against
 attorneys who unreasonably and vexatiously increase litigation costs by including
unnecessary
 material in the appendix.

 (c) Deferred Appendix.

 (1) Deferral Until After Briefs Are Filed. The court may provide by rule for classes of cases
or
 by order in a particular case that preparation of the appendix may be deferred until after the
 briefs have been filed and that the appendix may be filed 21 days after the appellee's brief is
 served. Even though the filing of the appendix may be deferred, Rule 30(b) applies; except
 that a party must designate the parts of the record it wants included in the appendix when it
 serves its brief, and need not include a statement of the issues presented.

 (2) References to the Record.

 (A) If the deferred appendix is used, the parties may cite in their briefs the pertinent pages
of
 the record. When the appendix is prepared, the record pages cited in the briefs must be
 indicated by inserting record page numbers, in brackets, at places in the appendix where
 those pages of the record appear.

 (B) A party who wants to refer directly to pages of the appendix may serve and file copies
of
 the brief within the time required by Rule 31(a), containing appropriate references to
 pertinent pages of the record. In that event, within 14 days after the appendix is filed, the
 party must serve and file copies of the brief, containing references to the pages of the
 appendix in place of or in addition to the references to the pertinent pages of the record.
 Except for the correction of typographical errors, no other changes may be made to the
 brief.

 (d) Format of the Appendix. The appendix must begin with a table of contents identifying
the page
 at which each part begins. The relevant docket entries must follow the table of contents. Other
 parts of the record must follow chronologically. When pages from the transcript of proceedings
 are placed in the appendix, the transcript page numbers must be shown in brackets immediately
 before the included pages. Omissions in the text of papers or of the transcript must be indicated
 by asterisks. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should
 be omitted.

 (e) Reproduction of Exhibits. Exhibits designated for inclusion in the appendix may be
reproduced
 in a separate volume, or volumes, suitably indexed. Four copies must be filed with the
appendix,
 and one copy must be served on counsel for each separately represented party. If a transcript of
 a proceeding before an administrative agency, board, commission, or officer was used in a
district-
 court action and has been designated for inclusion in the appendix, the transcript must be placed
 in the appendix as an exhibit.

 (f) Appeal on the Original Record Without an Appendix. The court may, either by rule for
all
 cases or classes of cases or by order in a particular case, dispense with the appendix and permit
an
 appeal to proceed on the original record with any copies of the record, or relevant parts, that the
 court may order the parties to file.

Local Rule 30.1. Content

[Rescinded October 29, 1990]

Local Rule 30.2. Number

 Pursuant to FRAP Rule 30(a) and 31(b), only (5) copies of appendices and (10) copies of
briefs
and petitions for rehearing need be filed with the clerk and on motion, for cause shown, parties
may
be allowed to file even fewer copies of appendices and briefs.

Local Rule 30.3. Filing of Designations

 One copy of any designation, statement of issues, or counter-designation served pursuant to
FRAP
30(b), or any notice of agreement thereunder, shall be simultaneously filed with the clerk.

Local Rule 30.4. Reproduction

 Parties submitting copies of any document or paper, whether of the record, transcript,
deposition,
brief, exhibit, etc. may not, except on motion for cause shown, submit carbons or reproduction
that
is not black, sharp, and clear. The clerk is authorized to refuse to accept copies not conforming
herewith.

Local Rule 30.5. Original Copies

 When the court accepts the case on the original record it expects to have, or to be given, the
ribbon
copy of the transcript or of any depositions, and not carbon copies.

Local Rule 30.6. In Forma Pauperis

 All appeals proceeding in forma pauperis shall be considered on the record on appeal as
certified
by the clerk of the district court without the necessity of filing an appendix unless otherwise
ordered
by this court in a specific case.

Local Rule 30.7. Translations

 The court will not receive documents not in the English language unless translations are
furnished.
Whenever an opinion of the Supreme Court of Puerto Rico is cited in a brief or oral argument
which
does not appear in the bound volumes in English, an official, certified or stipulated translation
thereof
with three conformed copies shall be filed. Partial translations will be accepted if stipulated by
the
parties or if submitted by one party not less than 30 days before the oral argument. Where partial
translations are submitted by one party, opposing parties may, prior to oral argument, submit
translations of such additional parts as they may deem necessary for a proper understanding of
the
holding.

Local Rule 30.8. Sanctions

 Not later than at the time of oral argument, on motion of a party to the action, or at any time
upon
this court's order to show cause why sanctions should not be imposed, the court may impose
sanctions
against attorneys who unreasonably and vexatiously increase the cost of litigation through the
inclusion of unnecessary material in the appendix. Any party charged with misconduct under
this rule
shall be afforded an opportunity to respond within fifteen (15) days of service of a motion or an
order
to show cause before any sanctions are imposed by the court.

Rule 31. Serving and Filing Briefs

 (a) Time to Serve and File a Brief.

 (1) The appellant must serve and file a brief within 40 days after the record is filed. The
appellee
 must serve and file a brief within 30 days after the appellant's brief is served. The appellant
 may serve and file a reply brief within 14 days after service of the appellee's brief but a reply
 brief must be filed at least 3 days before argument, unless the court, for good cause, allows a
 later filing.

 (2) A court of appeals that routinely considers cases on the merits promptly after the briefs
are
 filed may shorten the time to serve and file briefs, either by local rule or by order in a
particular
 case.

 (b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2
copies
 must be served on counsel for each separately represented party. An unrepresented party
 proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be
 served on counsel for each separately represented party. The court may by local rule or by
order
 in a particular case require the filing or service of a different number.

 (c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided
by
 this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee
 who fails to file a brief will not be heard at oral argument unless the court grants permission.

 Local Rule 31. Time

 Inasmuch as it is the practice of this court to consider cases on the merits promptly after briefs
are filed, pursuant to the last sentence of FRAP 31(a), unless by special order for cause shown,
all
briefs shall be filed on the following schedule. Brief of appellant or petitioner, within 35 days
after
the date on which the record is filed. Brief of appellee or respondent within 30 days after service
of
brief of the appellant. Reply brief, 10 days after service of brief of appellee. A reply brief may
be
rejected by the court if it contains matter repetitive of the main brief, or which, in the opinion of
the
court, should have been in the main brief.
 Unavailability of the transcript shall constitute cause for granting extensions, subject,
however,
to the provisions of Local Rule 10, ante. Section (a) special time schedules do not apply to
appeals
from the District of Puerto Rico, where the times shall remain as provided in FRAP 31(a).

Local Rule 31.1. Computer Generated Briefs

(a) Where a party is represented by counsel, one copy of its brief must be submitted on a
computer
readable disk and shall be filed at the time the party's paper brief is filed. The brief on disk must
be
accompanied by nine paper copies of the brief. The disk shall contain the entire brief exclusive
of non-
generated appendices. The label of the disk shall include the case name and docket number and
identify the brief being filed (i.e. appellant's brief, appellee's brief, appellant's reply brief, etc.)
and
the word processing format utilized.

(b) The brief must be on a 3 1/2" disk in either DOS WordPerfect or WordPerfect for Windows,
5.1
or greater.

(c) One copy of the disk, along with a paper copy of the brief, may be served on each party
separately
represented by counsel. The certificate of service shall indicate service of the brief in both paper
and
electronic format.

(d) A party may be relieved from filing and service under this rule by submitting a motion,
within
fourteen days after the date of the notice establishing the party's initial briefing schedule,
certifying
that compliance with the rule would impose undue hardship, that the text of the brief is not
available
on disk, or that other unusual circumstances preclude compliance with this rule. The
requirements
of this rule shall not apply to parties appearing pro se. Briefs tendered by counsel after January
1,
1998 without a computer disk copy or court-approved waiver of the requirements of this rule
may be
rejected by the clerk's office.

NOTE: The amendments to the Fed.R.App.P. do not affect a party's obligations under Loc.R.
31.1.

Rule 32. Form of Briefs, Appendices, and Other Papers

(a) Form of a Brief.

 (1) Reproduction.

 (A) A brief may be reproduced by any process that yields a clear black image on light paper.
 The paper must be opaque and unglazed. Only one side of the paper may be used.

 (B) Text must be reproduced with a clarity that equals or exceeds the output of a laser
printer.

 (C) Photographs, illustrations, and tables may be reproduced by any method that results in a
 good copy of the original; a glossy finish is acceptable if the original is glossy.

 (2) Cover. Except for filings by unrepresented parties, the cover of the appellant's brief must
be
 blue; the appellee's, red; an intervenor's or amicus curiae's, green; and any reply brief, gray.
 The front cover of a brief must contain:

 (A) the number of the case centered at the top;

 (B) the name of the court;

 (C) the title of the case (see Rule 12(a));

 (D) the nature of the proceeding (e.g., Appeal, Petition for Review) and the name of the
court,
 agency, or board below;

 (E) the title of the brief, identifying the party or parties for whom the brief is filed; and

 (F) the name, office address, and telephone number of counsel representing the party for
 whom the brief is filed.

 (3) Binding. The brief must be bound in any manner that is secure, does not obscure the text,
and
 permits the brief to lie reasonably flat when open.

 (4) Paper Size, Line Spacing, and Margins. The brief must be on 8  by 11 inch paper. The
 text must be double-spaced, but quotations more than two lines long may be indented and
 single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one
 inch on all four sides. Page numbers may be placed in the margins, but no text may appear
 there.

 (5) Typeface. Either a proportionally spaced or a monospaced face may be used.

 (A) A proportionally spaced face must include serifs, but sans-serif type may be used in
 headings and captions. A proportionally spaced face must be 14-point or larger.

 (B) A monospaced face may not contain more than 10 characters per inch.

 (6) Type Styles. A brief must be set in a plain, roman style, although italics or boldface may
be
 used for emphasis. Case names must be italicized or underlined.

(7) Length.

 (A) Page limitation. A principal brief may not exceed 30 pages, or a reply brief 15 pages,
 unless it complies with Rule 32(a)(7)(B) and (C).

 (B) Type-volume limitation.

 (i) A principal brief is acceptable if:

 it contains no more than 14,000 words; or
 it uses a monospaced face and contains no more than 1,300 lines of text.

 (ii) A reply brief is acceptable if it contains no more than half of the type volume
 specified in Rule 32(a)(7)(B)(i).

 (iii) Headings, footnotes, and quotations count toward the word and line limitations. The
 corporate disclosure statement, table of contents, table of citations, statement with
 respect to oral argument, any addendum containing statutes, rules or regulations, and
 any certificates of counsel do not count toward the limitation.

 (C) Certificate of compliance. A brief submitted under Rule 32(a)(7)(B) must include a
 certificate by the attorney, or an unrepresented party, that the brief complies with the type-
 volume limitation. The person preparing the certificate may rely on the word or line count
 of the word-processing system used to prepare the brief. The certificate must state either:

 (i) the number of words in the brief; or

 (ii) the number of lines of monospaced type in the brief.

 (b) Form of an Appendix. An appendix must comply with Rule 32(a)(1), (2), (3), and (4),
with the
 following exceptions:

 (1) The cover of a separately bound appendix must be white.

 (2) An appendix may include a legible photocopy of any document found in the record or of
a
 printed judicial or agency decision.

 (3) When necessary to facilitate inclusion of odd-sized documents such as technical
drawings, an
 appendix may be a size other than 8  by 11 inches, and need not lie reasonably flat when
 opened.

 (c) Form of Other Papers.

 (1) Motion. The form of a motion is governed by Rule 27(d).

 (2) Other Papers. Any other paper, including a petition for rehearing and a petition for
rehearing
 en banc, and any response to such a petition, must be reproduced in the manner prescribed by
 Rule 32(a), with the following exceptions:

 (A) a cover is not necessary if the caption and signature page of the paper together contain
 the information required by Rule 32(a)(2); and

(B) Rule 32(a)(7) does not apply.

 (d) Local Variation. Every court of appeals must accept documents that comply with the
form
 requirements of this rule. By local rule or order in a particular case a court of appeals may
accept
 documents that do not meet all of the form requirements of this rule.

Rule 33. Appeal Conferences

 The court may direct the attorneys and, when appropriate, the parties to participate in one
or more conferences to address any matter that may aid in disposing of the proceedings,
including
simplifying the issues and discussing settlement. A judge or other person designated by the court
may preside over the conference, which may be conducted in person or by telephone. Before a
settlement conference, the attorneys must consult with their clients and obtain as much authority
as
feasible to settle the case. The court may, as a result of the conference, enter an order controlling
the
course of the proceedings or implementing any settlement agreement.

Rule 34. Oral Argument

 (a) In General.

 (1) Party's Statement. Any party may file, or a court may require by local rule, a statement
 explaining why oral argument should, or need not, be permitted.

 (2) Standards. Oral argument must be allowed in every case unless a panel of three judges
who
 have examined the briefs and record unanimously agrees that oral argument is unnecessary for
 any of the following reasons:

 (A) the appeal is frivolous;

 (B) the dispositive issue or issues have been authoritatively decided; or

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

 (b) Notice of Argument; Postponement. The clerk must advise all parties whether oral
argument
 will be scheduled, and, if so, the date, time, and place for it, and the time allowed for each side.
 A motion to postpone the argument or to allow longer argument must be filed reasonably in
 advance of the hearing date.

 (c) Order and Contents of Argument. The appellant opens and concludes the argument.
Counsel
 must not read at length from briefs, records, or authorities.

 (d) Cross-Appeals and Separate Appeals. If there is a cross-appeal, Rule 28(h) determines
which
 party is the appellant and which is the appellee for purposes of oral argument. Unless the court
 directs otherwise, a cross-appeal or separate appeal must be argued when the initial appeal is
 argued. Separate parties should avoid duplicative argument.

 (e) Nonappearance of a Party. If the appellee fails to appear for argument, the court must
hear
 appellant's argument. If the appellant fails to appear for argument, the court may hear the
 appellee's argument. If neither party appears, the case will be decided on the briefs, unless the
 court orders otherwise.

 (f) Submission on Briefs. The parties may agree to submit a case for decision on the briefs,
but the
 court may direct that the case be argued.

 (g) Use of Physical Exhibits at Argument; Removal. Counsel intending to use physical
exhibits
 other than documents at the argument must arrange to place them in the courtroom on the day
of
 the argument before the court convenes. After the argument, counsel must remove the exhibits
 from the courtroom, unless the court directs otherwise. The clerk may destroy or dispose of the
 exhibits if counsel does not reclaim them within a reasonable time after the clerk gives notice to
 remove them.

Local Rule 34.1. Oral Argument

 (a) Submitted Cases

 (1) Counsel may file a stipulation joined in by all parties for submission of a case on briefs
without
oral argument, which stipulation shall be subject to approval of the court.

 (2) Without such stipulation, if the court concludes, after examination of the briefs and record
that
(i) the appeal is frivolous; or (ii) the dispositive issue or set of issues has been recently
authoritatively
decided; or (iii) the facts and legal arguments are adequately presented in the briefs and record
and
the decisional process would not be significantly aided by oral argument, the clerk will advise
counsel
that the court has decided not to hear oral argument. A decision to dispense with oral argument
will
not be reached unless a panel of three judges, who will have examined the briefs and record, are
unanimous in so concluding. A party may within 7 days (10 days if an appeal is from Puerto
Rico)
after notice by the clerk of the decision to dispense with oral argument, file a statement setting
forth
the reasons why oral argument should be entertained and requesting the same.

(b) Argument. Parties may expect the court to have some familiarity with the briefs. Normally
the
court will permit no more than 15 minutes per side for oral argument. It is counsel's
responsibility
to keep track of time. Where more than one counsel argues on one side of a case, it is counsel's
further responsibility to assure a fair division of the total time allotted. One or more cases posing
the
same issues, arising from the same factual context, will be treated as a single case for the
purposes
of this rule.
 Although FRAP 34(c) permits an appellant both to open and conclude the argument, the court
holds the view that seldom is counsel well served by an advance reservation of time for rebuttal.
Not
only does such action reduce the limited time allotted but is likely merely to allow repetitious
argument. Counsel are expected to cover all anticipated issues in their arguments in chief.
Should
unexpected matters arise, such as the need for factual correction, the court is prepared to give
counsel
who have not reserved time a brief additional period for real rebuttal.

Local Rule 34.2. Terms and Sittings

 The court shall not hold formal terms but shall be deemed always open for the purpose of
docketing appeals and petitions, making motions, filing records, briefs and appendices, filing
opinions
and entering orders and judgments. Where a federal holiday falls on a Monday, the general order
is
that the court shall commence its sitting on Tuesday.
 Continuances may be allowed only for cause, and continuances carrying a case beyond the
April
and May sittings will be allowed only for grave cause.
 Sittings will be in Boston except that there will also be sittings in Puerto Rico in November
and
March and at such other times as the court orders. Cases arising in Puerto Rico which are
assigned
to other sessions may be reassigned to sessions scheduled to be conducted in Puerto Rico. All
other
cases will be assigned for hearing or submission to the next available session after the briefs have
been filed or the time therefor has run. Requests for assignment to a specific session, including
the
March and November sessions, must state reasons justifying special treatment. Assignment to
the
November and March session list, so long as space permits, will be made on the basis of
statutory
priority requirements, hardship that would result from travel to Boston, or other good cause
shown.

Rule 35. En Banc Determination

 (a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges
who
 are in regular active service may order that an appeal or other proceeding be heard or reheard by
 the court of appeals en banc. An en banc hearing or rehearing is not favored and ordinarily will
 not be ordered unless:

 (1) en banc consideration is necessary to secure or maintain uniformity of the court's
decisions;
 or

 (2) the proceeding involves a question of exceptional importance.

 (b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or
rehearing en
 banc.

 (1) The petition must begin with a statement that either:

 (A) the panel decision conflicts with a decision of the United States Supreme Court or of
the
 court to which the petition is addressed (with citation to the conflicting case or cases) and
 consideration by the full court is therefore necessary to secure and maintain uniformity
 of the court's decisions; or

 (B) the proceeding involves one or more questions of exceptional importance, each of
which
 must be concisely stated; for example, a petition may assert that a proceeding presents
 a question of exceptional importance if it involves an issue on which the panel decision
 conflicts with the authoritative decisions of other United States Courts of Appeals that
 have addressed the issue.

 (2) Except by the court's permission, a petition for an en banc hearing or rehearing must not
 exceed 15 pages, excluding material not counted under Rule 32.

 (3) For purposes of the page limit in Rule 35(b)(2), if a party files both a petition for panel
 rehearing and a petition for rehearing en banc, they are considered a single document even if
 they are filed separately, unless separate filing is required by local rule.

 (c) Time for Petition for Hearing or Rehearing En Banc. A petition that an appeal be heard
 initially en banc must be filed by the date when the appellee's brief is due. A petition for a
 rehearing en banc must be filed within the time prescribed by Rule 40 for filing a petition for
 rehearing.

 (d) Number of Copies. The number of copies to be filed must be prescribed by local rule and
may
 be altered by order in a particular case.

 (e) Response. No response may be filed to a petition for an en banc consideration unless the
court
 orders a response.

 (f) Call for a Vote. A vote need not be taken to determine whether the case will be heard or
reheard
 en banc unless a judge calls for a vote.

Local Rule 35.1. Petitions for In Banc Consideration.

 Supplementing FRAP Rule 35, the following requirement shall apply: Each application shall
be
submitted with ten copies.
 Where the party suggesting in banc consideration is represented by counsel, the petition shall
include one or both of the following statements 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 question in one sentence].

Local Rule 35.2. Sanctions

 If a petition for rehearing or for rehearing en banc is found, on its face, to be wholly without
merit,
vexatious, multifarious, or filed principally for delay, the court may tax a sum not exceeding
$250 as
additional costs, payable to the clerk of the court or the opposing party, as the court may direct.
At
the court's order, counsel may be required personally to pay all or any part of these costs.

Local Rule 35.3. Composition of In Banc Court

 Any senior circuit judge of this circuit who sat as a member of the original panel that decided
the
case being reviewed is eligible to participate, at his election, as a member of the in banc court.

Rule 36. Entry of Judgment; Notice

 (a) Entry. A judgment is entered when it is noted on the docket. The clerk must prepare,
sign, and
 enter the judgment:

 (1) after receiving the court's opinion but if settlement of the judgment's form is required,
after
 final settlement; or

 (2) if a judgment is rendered without an opinion, as the court instructs.

 (b) Notice. On the date when judgment is entered, the clerk must mail to all parties a copy of
the
 opinion or the judgment, if no opinion was written and a notice of the date when the
judgment
 was entered.

Local Rule 36.1. Opinions

 The volume of filings is such that the court cannot dispose of each case by opinion. Rather it
makes a choice, reasonably accommodated to the particular case, whether to use an order,
memorandum and order, or opinion. An opinion is used when the decision calls for more than
summary explanation. However, in the interests both of expedition in the particular case, and of
saving time and effort in research on the part of future litigants, some opinions are rendered in
unpublished form; that is, the opinions are directed to the parties but are not otherwise published,
and
may not be cited in unrelated cases. As indicated in Local Rule 36.2, the court's policy, when
opinions
are used, is to prefer that they be published; but in limited situations, described in Local Rule
36.2,
where opinions are likely not to break new legal ground or contribute otherwise to legal
development,
they are issued in unpublished form.

Local Rule 36.2. Publication of Opinions

 The Judicial Council of the First Circuit, pursuant to resolution of the Judicial Conference of
the
United States, hereby adopts the following plan for the publication of opinions of the United
States
Court of Appeal for the First Circuit.

(a) Statement of Policy. In general, the court thinks it desirable that opinions be published and
thus
be available for citation. The policy may be overcome in some situations where an opinion does
not
articulate a new rule of law, modify an established rule, apply an established rule to novel facts
or
serve otherwise as a significant guide to future litigants. (Most opinions dealing with claims for
benefits under the Social Security Act, 42 U.S.C.  205(g), will clearly fall within the exception.)

 (b) Manner of Implementation.

 1. As members of a panel prepare for argument, they shall give thought to the appropriate
mode
of disposition (order, memorandum and order, unpublished opinion, published opinion). At
conference the mode of disposition shall be discussed and, if feasible, agreed upon. Any
agreement
reached may be altered in the light of further research and reflection.

 2. With respect to cases decided by a unanimous panel with a single opinion, if the writer
recommends that the opinion not be published, the writer shall so state in the cover letter
accompanying the draft. After an exchange of views, should any judge remain of the view that
the
opinion should be published, it shall be.

 3. When a panel decides a case with a dissent, or with more than one opinion, the opinion or
opinions shall be published unless all the participating judges decide against publication. In any
case
decided by the court in banc the opinion or opinions shall be published.

 4. Any party or other interested person may apply for good cause shown to the court for
publication of an unpublished opinion.

 5. If a District Court opinion in a case has been published, the order of court upon review shall
be published even when the court does not publish an opinion.

 6. Unpublished opinions may be cited only in related cases. Only published opinions may be
cited
otherwise.

 7. Periodically the court shall conduct a review in an effort to improve its publication policy
and
implementation.

Rule 37. Interest on Judgment

 (a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a
civil case
 is affirmed, whatever interest is allowed by law is payable from the date when the district
court's
 judgment was entered.

 (b) When the Court Reverses. If the court modifies or reverses a judgment with a direction
that a
 money judgment be entered in the district court, the mandate must contain instructions about
the
 allowance of interest.

Rule 38. Frivolous Appeal Damages and Costs

If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion
or notice from the court and reasonable opportunity to respond, award just damages and single or
double costs to the appellee.

Rule 39. Costs

(a) Against Whom Assessed. The following rules apply unless the law provides or the court
orders
 otherwise:

 (1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree
 otherwise;

 (2) if a judgment is affirmed, costs are taxed against the appellant;

 (3) if a judgment is reversed, costs are taxed against the appellee;

 (4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed
only
 as the court orders.

 (b) Costs For and Against the United States. Costs for or against the United States, its
agency, or
 officer will be assessed under Rule 39(a) only if authorized by law.

 (c) Costs of Copies. Each court of appeals must, by local rule, fix the maximum rate for
taxing the
 cost of producing necessary copies of a brief or appendix, or copies of records authorized by
Rule
 30(f). The rate must not exceed that generally charged for such work in the area where the
clerk's
 office is located and should encourage economical methods of copying.

 (d) Bill of Costs: Objections; Insertion in Mandate.

 (1) A party who wants costs taxed must within 14 days after entry of judgment file with
the
 circuit clerk, with proof of service, an itemized and verified bill of costs.

 (2) Objections must be filed within 10 days after service of the bill of costs, unless the court
 extends the time.

 (3) The clerk must prepare and certify an itemized statement of costs for insertion in the
mandate,
 but issuance of the mandate must not be delayed for taxing costs. If the mandate issues before
 costs are finally determined, the district clerk must upon the circuit clerk's request add
 the statement of costs, or any amendment of it, to the mandate.

 (e) Costs on Appeal Taxable in the District Court. The following costs on appeal are taxable
in the
 district court for the benefit of the party entitled to costs under this rule:

 (1) the preparation and transmission of the record;

 (2) the reporter's transcript, if needed to determine the appeal;

 (3) premiums paid for a supersedeas bond or other bond to preserve rights pending appeal;
and

 (4) the fee for filing the notice of appeal.

Local Rule 39.1. Fee Application under the Equal Access to Justice Act

(a) Time for Filing. An application to a court of appeals for an award of fees and other expenses
pursuant to 28 U.S.C.  2412, in connection with an appeal, shall be filed with the clerk of the
court
of appeals, with proof of service on the United States, within 30 days of final judgment in the
action.
For purposes of the 30-day limit, a judgment shall not be considered final until the time for filing
an
appeal or a petition for a writ of certiorari has expired, or the government has given written
notice
to the parties and to the court of appeals that it will not seek further review, or judgment is
entered
by the court of last resort.

(b) Content. The application shall: (1) identify the applicant and the proceeding for which the
award
is sought; (2) show that the party seeking the award is a prevailing party and is eligible to receive
an
award; (3) show the nature and extent of services rendered and the amount sought, including an
itemized statement from an attorney representing the party or any agent or expert witness
appearing
on behalf of the party, stating the actual time expended and the rate at which fees are computed,
together with a statement of expenses for which reimbursement is sought; and (4) identify the
specific
position of the United States that the party alleges was not substantially justified. The court of
appeals
may, in its discretion, remit any such application to the district court for a determination.

(c) Objection. If the United States has any objection to the application for fees and other
expenses,
such objection must be filed within 30 days of service of the application.

Local Rule 39.2. Fee Applications other than under 28 U.S.C.  2412

 An application, under any statute, rule or custom other than 28 U.S.C.  2412, for an award of
fees
and other expenses, in connection with an appeal, shall be filed with the clerk of the court of
appeals
within 30 days of the date of entry of the final circuit judgment, whether or not attorney fees had
been
requested in the trial court, except in those circumstances where the court of appeals has ordered
that
the award of fees and other expenses be remanded to the district court for a determination. For
purposes of the 30-day limit, a judgment shall not be considered final until the time for filing an
appeal or a petition for a writ of certiorari has expired, or judgment is entered by the court of last
resort. If any party against whom an award of fees and other expenses is sought has any
objection
to the application, such objection must be filed within 30 days of service of the application. The
court
of appeals may, in its discretion, remit any such application to the district court for a
determination.

Rule 40. Petition for Panel Rehearing

 (a) Time to File; Contents; Answer; Action by the Court if Granted.

 (1) Time. Unless the time is shortened or extended by order or local rule, a petition for panel
 rehearing may be filed within 14 days after entry of judgment. But in a civil case, if the
United
 States or its officer or agency is a party, the time within which any party may seek rehearing
 is 45 days after entry of judgment, unless an order shortens or extends the time.

 (2) Contents. The petition must state with particularity each point of law or fact that the
petitioner
 believes the court has overlooked or misapprehended and must argue in support of the
petition.
 Oral argument is not permitted.

 (3) Answer. Unless the court requests, no answer to a petition for panel rehearing is
permitted.
 But ordinarily rehearing will not be granted in the absence of such a request.

 (4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of
the
 following:

 (A) make a final disposition of the case without reargument;

 (B) restore the case to the calendar for reargument or resubmission; or

 (C) issue any other appropriate order.

 (b) Form of Petition; Length. The petition must comply in form with Rule 32. Copies must
be
 served and filed as Rule 31 prescribes. Unless the court permits or a local rule provides
otherwise,
 a petition for panel rehearing must not exceed 15 pages.

Rule 41. Mandate: Contents; Issuance and Effective Date; Stay

 (a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a
certified
 copy of the judgment, a copy of the court's opinion, if any, and any direction about costs.

 (b) When Issued. The court's mandate must issue 7 days after the time to file a petition for
rehearing
 expires, or 7 days after entry of an order denying a timely petition for panel rehearing, rehearing
 en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the
 time.

 (c) Effective Date. The mandate is effective when issued.

 (d) Staying the Mandate.

 (1) On Petition for Rehearing or Motion. The timely filing of a petition for panel rehearing,
 petition for rehearing en banc, or motion for stay of mandate, stays the mandate until
 disposition of the petition or motion, unless the court orders otherwise.

 (2) Pending Petition for Certiorari.

 (A) A party may move to stay the mandate pending the filing of a petition for a writ of
 certiorari in the Supreme Court. The motion must be served on all parties and must show
 that the certiorari petition would present a substantial question and that there is good cause
 for a stay.

 (B) The stay must not exceed 90 days, unless the period is extended for good cause or
unless
 the party who obtained the stay files a petition for the writ and so notifies the circuit clerk
 in writing within the period of the stay. In that case, the stay continues until the Supreme
 Court's final disposition.

 (C) The court may require a bond or other security as a condition to granting or continuing
 a stay of the mandate.

 (D) The court of appeals must issue the mandate immediately when a copy of a Supreme
 Court order denying the petition for writ of certiorari is filed.

Local Rule 41. Stay of Mandate

 Whereas an increasingly large percentage of unsuccessful petitions for certiorari have been
filed
in this circuit in criminal cases in recent years, in the interests of minimizing unnecessary delay
in the
administration of justice mandate will not be stayed hereafter in criminal cases following the
affirmance of a conviction simply upon request. On the contrary, mandate will issue and bail
will be
revoked at such time as the court shall order except upon a showing, or an independent finding
by the
court, of probable cause to believe that a petition would not be frivolous, or filed merely for
delay.
See 18 U.S.C.  3148. The court will revoke bail even before mandate is due. A comparable
principle
will be applied in connection with affirmed orders of the NLRB, see NLRB v. Athbro Precision
Engineering, 423 F.2d 573 (1st Cir. 1970), and in other cases where the court believes that the
only
effect of a petition for certiorari would be pointless delay.

Rule 42. Voluntary Dismissal

 (a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk,
the
 district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the
 appellant's motion with notice to all parties.

 (b) Dismissal in the Court of Appeals. The circuit clerk may dismiss a docketed appeal if the
parties
 file a signed dismissal agreement specifying how costs are to be paid and pay any fees that are
due.
 But no mandate or other process may issue without a court order. An appeal may be dismissed
on
 the appellant's motion on terms agreed to by the parties or fixed by the court.

Rule 43. Substitution of Parties

 (a) Death of a Party.

 (1) After Notice of Appeal Is Filed. If a party dies after a notice of appeal has been filed or
while
 a proceeding is pending in the court of appeals, the decedent's personal representative may be
 substituted as a party on motion filed with the circuit clerk by the representative or by any
 party. A party's motion must be served on the representative in accordance with Rule 25. If
 the decedent has no representative, any party may suggest the death on the record, and the
 court of appeals may then direct appropriate proceedings.

 (2) Before Notice of Appeal Is Filed Potential Appellant. If a party entitled to appeal dies
 before filing a notice of appeal, the decedent's personal representative or, if there is no
 personal representative, the decedent's attorney of record may file a notice of appeal within
 the time prescribed by these rules. After the notice of appeal is filed, substitution must be in
 accordance with Rule 43(a)(1).

 (3) Before Notice of Appeal Is Filed Potential Appellee. If a party against whom an appeal
 may be taken dies after entry of a judgment or order in the district court, but before a notice
 of appeal is filed, an appellant may proceed as if the death had not occurred. After the notice
 of appeal is filed, substitution must be in accordance with Rule 43(a)(1).

 (b) Substitution for a Reason Other Than Death. If a party needs to be substituted for any
reason
 other than death, the procedure prescribed in Rule 43(a) applies.

 (c) Public Officer: Identification; Substitution.

 (1) Identification of Party. A public officer who is a party to an appeal or other proceeding in
 an official capacity may be described as a party by the public officer's official title rather than
 by name. But the court may require the public officer's name to be added.

 (2) Automatic Substitution of Officeholder. When a public officer who is a party to an
appeal
 or other proceeding in an official capacity dies, resigns, or otherwise ceases to hold office, the
 action does not abate. The public officer's successor is automatically substituted as a party.
 Proceedings following the substitution are to be in the name of the substituted party, but any
 misnomer that does not affect the substantial rights of the parties may be disregarded. An
 order of substitution may be entered at any time, but failure to enter an order does not affect
 the substitution.

 Rule 44. Case Involving a Constitutional Question When the United States Is Not
 a Party

 If a party questions the constitutionality of an Act of Congress in a proceeding in which the
United
States or its agency, officer, or employee is not a party in an official capacity, the questioning
party
must give written notice to the circuit clerk immediately upon the filing of the record or as soon
as the
question is raised in the court of appeals. The clerk must then certify that fact to the Attorney
General.

Rule 45. Clerk's Duties

 (a) General Provisions.

 (1) Qualifications. The circuit clerk must take the oath and post any bond required by
law.
 Neither the clerk nor any deputy clerk may practice as an attorney or counselor in any court
 while in office.

 (2) When Court Is Open. The court of appeals is always open for filing any paper, issuing
and
 returning process, making a motion, and entering an order. The clerk's office with the clerk
 or a deputy in attendance must be open during business hours on all days except Saturdays,
 Sundays, and legal holidays. A court may provide by local rule or by order that the clerk's
 office be open for specified hours on Saturdays or on legal holidays other than New Year's
 Day, Martin Luther King, Jr.'s Birthday, Presidents' Day, Memorial Day, Independence Day,
 Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

 (b) Records.

 (1) The Docket. The circuit clerk must maintain a docket and an index of all docketed cases
in
 the manner prescribed by the Director of the Administrative Office of the United States
Courts.
 The clerk must record all papers filed with the clerk and all process, orders, and judgments.

 (2) Calendar. Under the court's direction, the clerk must prepare a calendar of cases awaiting
 argument. In placing cases on the calendar for argument, the clerk must give preference to
 appeals in criminal cases and to other proceedings and appeals entitled to preference by law.

 (3) Other Records. The clerk must keep other books and records required by the Director of
the
 Administrative Office of the United States Courts, with the approval of the Judicial
Conference
 of the United States, or by the court.

 (c) Notice of an Order or Judgment. Upon the entry of an order or judgment, the circuit clerk
must
 immediately serve by mail a notice of entry on each party to the proceeding, with a copy of any
 opinion, and must note the mailing on the docket. Service on a party represented by counsel
must
 be made on counsel.

 (d) Custody of Records and Papers. The circuit clerk has custody of the court's records and
papers.
 Unless the court orders or instructs otherwise, the clerk must not permit an original record or
paper
 to be taken from the clerk's office. Upon disposition of the case, original papers constituting the
 record on appeal or review must be returned to the court or agency from which they were
received.
 The clerk must preserve a copy of any brief, appendix, or other paper that has been filed.

Local Rule 45. Defaults

 When a cause is in default as to the filing of the brief for appellant or petitioner, and the
appendix,
if one is required, the clerk is to enter an order dismissing the appeal for want of diligent
prosecution.
The party in default may have the appeal reinstated upon showing special circumstances
justifying
the failure to comply with the time limit. The motion to set aside the dismissal should be filed
within
ten days.
 When a cause is in default as to the filing of the brief for appellee or respondent, the cause
shall
be assigned to the next list and the appellee will not be heard at oral argument except by leave of
the
Court. Counsel are reminded of Local Rule 3 providing for the dismissal of the appeal for want
of
prosecution if the docket fee is not paid within 40 days of the filing of the notice of appeal.

Local Rule 45.1 The Clerk

 The office of the clerk shall be open for business from 9:00 a.m. to 5:00 p.m. except
Saturdays,
Sundays, and legal holidays.
 The clerk shall charge the fees and costs which shall be fixed from time to time by the
Judicial
Conference of the United States, pursuant to 28 U.S.C.  1913. Unless subject to a standing
order
which might apply to classes of subscribers, such as law schools, the charge for a copy of each
opinion, after one free copy to counsel for each party is $2.00.
 No one serving as clerk or deputy clerk of this court shall engage in the practice of law while
continuing in such position.

Local Rule 45.2. Library

 The law library of this court shall be open to members of the Bar, to the Untied States
Attorney
of the Circuit and their assistants, to other law officers of the government, and persons having a
case
in this court, but books may be removed only by government employees, who shall sign therefor.

Rule 46. Attorneys

 (a) Admission to the Bar.

 (1) Eligibility. An attorney is eligible for admission to the bar of a court of appeals if that
attorney
 is of good moral and professional character and is admitted to practice before the Supreme
 Court of the United States, the highest court of a state, another United States court of appeals,
 or a United States district court (including the district courts for Guam, the Northern Mariana
 Islands, and the Virgin Islands).

 (2) Application. An applicant must file an application for admission, on a form approved by
the
 court that contains the applicant's personal statement showing eligibility for membership. The
 applicant must subscribe to the following oath or affirmation:

 "I, _____, do solemnly swear [or affirm] that I will conduct myself as an attorney and
 counselor of this court, uprightly and according to law; and that I will support the
 Constitution of the United States."

 (3) Admission Procedures. On written or oral motion of a member of the court's bar, the
court
 will act on the application. An applicant may be admitted by oral motion in open court. But,
 unless the court orders otherwise, an applicant need not appear before the court to be
admitted.
 Upon admission, an applicant must pay the clerk the fee prescribed by local rule or court
order.

(b) Suspension or Disbarment.

 (1) Standard. A member of the court's bar is subject to suspension or disbarment by the court
 if the member:

 (A) has been suspended or disbarred from practice in any other court; or

 (B) is guilty of conduct unbecoming a member of the court's bar.

 (2) Procedure. The member must be given an opportunity to show good cause, within the
time
 prescribed by the court, why the member should not be suspended or disbarred.

 (3) Order. The court must enter an appropriate order after the member responds and a
hearing
 is held, if requested, or after the time prescribed for a response expires, if no response is
made.

 (c) Discipline. A court of appeals may discipline an attorney who practices before it for
conduct
 unbecoming a member of the bar or for failure to comply with any court rule. First, however,
the
 court must afford the attorney reasonable notice, an opportunity to show cause to the contrary,
and,
 if requested, a hearing.

Local Rule 46. Staff Attorneys and Law Clerks

 No one serving as a staff attorney to the court or as a law clerk to a member of this court or
employed in any other capacity by this court shall engage in the practice of law while continuing
in
such position. Nor shall a staff attorney or law clerk after separating from that position practice
as
an attorney in connection with any case pending in this court during the term of service, or
appear
at the counsel table or on brief in connection with any case heard during a period of one year
following separation from service with the court.

Local Rule 46.1. Attorneys

(a) Admission Fee. Upon being admitted to practice, an attorney other than government counsel,
and
court-appointed counsel, shall pay a fee of $25.00 to the clerk. The clerk shall maintain the
proceeds
as a court's discretionary fund for the reimbursement of expenses of non-compensable
court-appointed
counsel and such other purposes as the court may order. Attorneys may be admitted in open
court on
motion or otherwise as the court shall determine.

(b) Admission as a Prerequisite to Practice. In order to file motions, pleadings or briefs on behalf
of a party or participate in oral argument, attorneys must be admitted to the bar of this court and
file
an appearance form. The appearance of a member of the bar of any court designated in
Fed.R.App.P.
46(a) will be entered subject to filing an application and subsequent admission to practice in this
court. Forms for admission and entry of appearance will be provided by the clerk.

(c) Parties. A party desiring to appear without counsel shall notify the clerk in writing by
completing
and filing an entry of appearance on a form approved by the court.

Local Rule 46.2. Disciplinary Enforcement

 The Court of Appeals for the First Circuit Rules of Disciplinary Enforcement are on file in the
clerks's office. A copy may be obtained upon request addressed to the clerk of this court.

Local Rule 46.3. Standing Rule Governing Appearance and Argument by Eligible
 Law Students

I. Scope of Legal Assistance.

 1. An eligible law student with the written consent of an indigent and the indigent's attorney
of
record may appear in this court on behalf of that indigent in any case. The attorney of record, for
purposes of this rule, must be a member of the bar of this court, the faculty member conducting
the
course in appellate advocacy described in Section II(3), and appointed as counsel on appeal for
the
indigent. The written consent shall be filed with the clerk.

 2. An eligible law student may assist in the preparation of briefs and other documents to be
filed
in this court, but such briefs or documents must be signed by the attorney of record. Names of
students
participating in the preparation of briefs may, however, be added to the briefs. The law student
may
also participate in oral argument with leave of the court, but only in the presence of the attorney
of
record. The attorney or record shall assume personal professional responsibility for the law
student's
work and for supervising the quality of the law student's work. The attorney of record should be
familiar with the case and prepared to supplement or correct any written or oral statements made
by
the student.

II. Student Eligibility Requirements.

In order to appear, the student shall:

 1. Be enrolled in a law school approved by the American Bar Association;
 2. Have completed legal studies amounting to at least four (4) semesters, or the equivalent if
the
school is on some basis other than a semester basis;
 3. Be taking a course in appellate advocacy for academic credit;
 4. Be certified by the attorney of record as qualified to provide the legal representation
permitted
by this rule. This certification, which shall be filed with the clerk, may be withdrawn by the dean
at
any time by mailing a notice to the clerk or by termination by this court without notice or hearing
and
without any showing of cause;
 5. Neither ask for nor receive any compensation or remuneration of any kind for the student's
services from the person on whose behalf the student renders services. This shall also prevent a
law
student from making charges for its services.;
 6. certify in writing that the student has read and is familiar with the Code of Professional
Responsibility of the American Bar Association, the Federal Rules of Appellate Procedure, and
the
rules of this court.

III. Standards of Supervision.

The supervising attorney of record shall:

 1. File with this court the attorney's written consent to supervise the student;
 2. Assume personal professional responsibility for the student's work;
 3. Assist the student to the extent necessary;
 4. Appear with the student in all proceedings before this court and be prepared to supplement
any
written or oral statement made by the student to this court or opposing counsel.

IV. Forms Required by Rule.

Form to be completed by the party for whom the law student is rendering services;

 I authorize _________, a law student, to appear in court or at other proceedings on my behalf,
and to prepare documents on my behalf.
 ________________________________
_________________________________
 (Date) (Signature of Client)

(If more than one client is involved, approvals from each shall be attached.)

Form to be completed by the law student's supervising attorney:

 I certify that this student has completed at least 4 semesters of law school work, and is, to the
best
of my knowledge, of good character and competent legal ability.
 I will carefully supervise all of this student's work. I authorize this student to appear in court
or
at other proceedings, and to prepare documents. I will accompany the student at such
appearances,
sign all documents prepared by the student, assume personal responsibility for the student's
work,
and be prepared to supplement, if necessary, any statements made by the student to the court or
to
opposing counsel.
________________________________ _________________________________
(Name of Student) (Signature of Supervising Attorney)
________________________________ _________________________________
________________________________ _________________________________
________________________________ _________________________________
 (Address & Phone of Above) (Address & Phone of
Above)
Name of Law School Student is Attending:_________________________________

Form to be completed by law student:

 I certify that I have completed at least 4 semesters of law school; that I am familiar and will
comply with the Code of Professional Responsibility of the American Bar Association, the
Federal
Rules of Appellate Procedure, and the Rules of this Court; and that I am receiving no
compensation
from the party on whose behalf I am rendering services.
________________________________ _________________________________
 (Date) (Signature of Client)

Local Rule 46.4. Withdrawal of Appearance

 No attorney who has entered an appearance in this court may withdraw without the consent of
the
court. An attorney who has represented a defendant in a criminal case in the district court will be
responsible for representing the defendant on appeal, whether or not the attorney has entered an
appearance in the Court of Appeals, until the attorney is relieved of such duty by the court. For
requirements applying to court-appointed counsel, reference is made to Loc.R. 46.5, para. (c), the
Criminal Justice Plan of this Circuit.

Local Rule 46.4(a). Procedure for Withdrawal in Criminal Cases

 Motions to withdraw as counsel on appeal in criminal cases must be accompanied by a notice
of
appearance of replacement counsel or in the absence of replacement counsel, such motions must
state
the reasons for withdrawal and must be accompanied by one of the following:
 (1) The defendant's completed application for appointment of replacement counsel under the
Criminal Justice Act or a showing that such application has already been filed with the court; or
 (2) An affidavit from the defendant showing that the defendant has been advised that the
defendant
may retain replacement counsel or apply for appointment of replacement counsel and expressly
stating
that the defendant does not wish to be represented by counsel but elects to appear; or
 (3) An affidavit from the defendant showing that the defendant has been advised of the
defendant's
rights with regard to the appeal and expressly stating that the defendant elects to withdraw the
appeal;
or
 (4) If the reason for the motion is the frivolousness of the appeal, a brief following the
procedure
described in Anders v. California, 386 U.S. 738 (1967) must be filed with the court. [Counsel's
attention is also directed to McCoy v. Court of Appeals, 486 U.S. 429 (1988); Penson v. Ohio,
488
U.S. 75 (1988)]. Any such brief shall be filed only after counsel has ordered and read all relevant
transcripts, including trial, change of plea, and sentencing transcripts, as well as the presentence
investigation report. Counsel shall serve a copy of the brief and motion on the defendant and
advise
the defendant that the defendant has thirty (30) days from the date of service in which to file a
brief
in support of reversal or modification of the judgment. The motion must be accompanied by
proof of
service on the defendant and certification that counsel has advised the defendant of the
defendant's
right to file a separate brief.
 All motions must be accompanied by proof of service on the defendant and the Government
and
will be determined, without oral argument, by one or more judges.

Local Rule 46.5. Appointment of Counsel

 The United States Court of Appeals for the First Circuit adopts the following Plan to
implement
the Criminal Justice Act of 1964, 18 U.S.C.  3006A, P.L. 88-455, as amended October 12,
1984, P.L.
98-473, and November 14, 1986, P.L. 99-651 to which references must be made. The purpose of
this
Plan is to provide adequate representation and defense of all persons to the extent provided
therein
including cases where a person faces loss of liberty or is in custody as a material witness. The
court
notes at the outset that the Act does not diminish the traditional responsibility of members of the
Bar
to accept appointments. It recognizes that compensation will, in most instances, be something
less
than full, and appreciates that service by counsel will represent a substantial measure of public
dedication.

(a) Request for Counsel. Every person or eligible witness desiring counsel and that the
government
pay for the expense of appeal, whether or not the person had court-appointed counsel in the
district
court, shall address to this court a request in writing and a statement of the person's inability to
pay.
The court may make such further inquiry of the person's need as it may see fit. This inquiry may
also
be addressed to previously retained counsel, with the objective of ascertaining that present
inability
to pay is not a result of past excessive compensation. Such inquiry is not aimed at depriving an
indigent of counsel but at the relatively few counsel who might reasonably be considered to have
used
up all of the available funds for doing only part of the work.

(b) Appointment of Counsel. The court may appoint counsel who represented the person in the
district court, or counsel from a panel maintained by the court, or otherwise. The addition or
deletion
of names from the panel and the selection of counsel shall be the sole and exclusive
responsibility of
the court but the actual administration thereof may be conducted by the clerk of this court. The
person
may ask for appointment of counsel who represented the defendant in the district court or for the
non-
appointment of such counsel, but shall not otherwise request any specific individual. The court
shall
give consideration to such request, but shall not be bound by it. A request for relief by trial
counsel,
upon a showing of cause, shall be given due consideration. It is recognized that counsel on
appeal
may require different qualifications than for trial. The substitution of counsel on appeal shall not
in
any way reflect upon the ability or upon the conduct of prior counsel. The Administration Office
shall
be notified promptly of each appointment, and of each order releasing counsel.

(c) Duration and Substitution of Counsel. The court notes, and incorporates herein, the
provisions
of section (c) of the Act, except the references therein to magistrates. Except when relieved by
the
court, counsel's appointment shall not terminate until, if the person loses the appeal, counsel
informs
the person of that fact and of the person's right to petition for certiorari and the time period, and
has
prepared and filed the petition if the person requests it and there are reasonable grounds for
counsel
properly to do so (see Rule 10 of the Rules of the Supreme Court of the United States). If
counsel
determines that there are no reasonable grounds and declines to file a petition for certiorari
requested
by the person, counsel shall so inform the Court and request leave to withdraw from the
representation
by written motion stating that counsel has reviewed the matter and determined that the petition
would
be frivolous, accompanied by counsel's certification of the date when a copy of the motion was
furnished to the person. If the person does not wish to apply for certiorari or does not respond to
the
notification, counsel shall so inform the court by letter, which action shall terminate the
representa
tion. The clerk will inform the person in writing of the fact and effective date of the termination
of
counsel's appointment.

(d) Payment for Representation and (e) Services other than Counsel. The court notes sections (d)
and (e) of the Act and incorporates the pertinent portions herein. Expenses described in the Act
do
not include overhead and such matters as secretarial expenses not ordinarily billed to clients, but
a
reasonable charge for xeroxing or similar copying services for briefs may be allowed. No other
reimbursable expenses shall be incurred without prior court approval. The word "necessary" as
used
in the act will at all times be construed in its strictest sense. The hourly rates of compensation
are
designated and intended to be maximum rates and will be treated as such. In fixing the rate, the
chief
judge or his delegate will bear in mind the qualification of attorneys and the relative difficulties
encountered in presenting the case. The 1986 changes in the hourly rates were made to meet the
changes in the price structure of the nation since the original Act was passed. They are not
intended
to change the basic and underlying philosophy of the Act that the bar of the nation owes a
responsibility to represent person financially unable to retain counsel and that only in the most
extraordinary case will the chief judge or his delegate consider a request for fees beyond the
statutory
maximum.
 All claims, whether for compensation, or for expenditures, shall be submitted promptly after
the
completion of all duties, which may include preparation of a petition for writ of certiorari, at the
risk
of disallowance. After court approval all orders for payment shall be processed through the
Administrative Office.

(f) Receipt of Other Payments. The provisions of section (f) of the Act are incorporated herein.
Appointed counsel shall be under a continuing duty to report to the court any circumstances
indicating
financial ability on behalf of the person to pay part or all of the person's counsel fees or expenses.
The court shall in no instance permit counsel who receives payments under the Act to frustrate
the
intent of the limitations contained in sections (d) and (e) by the receipt of other payment, either
during,
before, or after such representation.

(g) Forms. For the appointment of counsel, the making of claims, and all other matters for which
forms shall have been approved by the Administrative Office, such forms shall be used as a
matter of
course.

(h) Effective Date, and Amendments. This amended Plan shall take effect on November 14,
1986.
It may be amended at any time with the approval of the Judicial Council.

Local Rule 46.6. Temporary Suspension of Attorneys

 When it is shown to the Court of Appeals that any member of its bar has been suspended or
disbarred from practice by a final decision issued by any other court of record, or has been found
guilty of conduct unbecoming of a member of the bar of this court, the member may be
temporarily
suspended from representing parties before this court pending the completion of proceedings
initiated
under Fed.R.App.P. 46 and the Rules of Disciplinary Enforcement of the Court of Appeals for
the First
Circuit.

Rule 47. Local Rules by Courts of Appeals

 (a) Local Rules.

 (1) Each court of appeals acting by a majority of its judges in regular active service may,
after
 giving appropriate public notice and opportunity for comment, make and amend rules
 governing its practice. A generally applicable direction to parties or lawyers regarding
practice
 before a court must be in a local rule rather than an internal operating procedure or standing
 order. A local rule must be consistent with but not duplicative of Acts of Congress and
 rules adopted under 28 U.S.C.  2072 and must conform to any uniform numbering system
 prescribed by the Judicial Conference of the United States. Each circuit clerk must send the
 Administrative Office of the United States Courts a copy of each local rule and internal
 operating procedure when it is promulgated or amended.

 (2) A local rule imposing a requirement of form must not be enforced in a manner that causes
a
 party to lose rights because of a nonwillful failure to comply with the requirement.

 (b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice
in a
 particular case in any manner consistent with federal law, these rules, and local rules of the
circuit.
 No sanction or other disadvantage may be imposed for noncompliance with any requirement
not
 in federal law, federal rules, or the local circuit rules unless the alleged violator has been
furnished
 in the particular case with actual notice of the requirement.

Local Rule 47.1. Judicial Conference of the First Circuit

(a) There shall be held annually at such time and place as shall be designated by the chief judge
of
the circuit a Conference of all the circuit, district and bankruptcy judges of the circuit and of
those
magistrates designated by the chief judge of the circuit for the purpose of considering the state of
business of the courts and advising ways and means of improving the administration of justice
within
the circuit. It shall be the duty of each circuit, district, and bankruptcy judge and designated
magistrates in the circuit to attend the Conference and, unless excused by the chief judge, to
remain
throughout the Conference. The chief judge shall preside at the Conference.

(b) The chief judge of the circuit shall appoint a Planning Committee consisting of a circuit judge
and/or district judge and such members of the Bar as they may designate to plan and conduct the
Conference.

(c) At least biennially, members of the Conference shall include the following:
 1. Presidents of the state bar associations of states and commonwealths within the circuit.
 2. The dean or member of the faculty designated by the dean of each accredited law school
within
the circuit.
 3. All United States Attorneys of the circuit.
 4. Lawyers to be appointed from each state in numbers to be determined by the Planning
Committee, such appointment to be made by the district committee of each district; if such a
committee
does not exist, such appointments to be made by the district judges as determined by each district
court. Such additional members of the Bar may also be invited as the chief circuit judge, in
consultation with the other circuit judges, and the Planning Committee shall decide.
 5. All federal defenders designated by the chief judge of the circuit.

(d) The Circuit Executive of this court shall be the Secretary of the Conference.

Local Rule 47.2. Advisory Committee

(a) Membership. In accordance with 28 U.S.C.  2077(b) an advisory committee on the rules of
practice and internal operating procedures is hereby created for the court. This committee shall
consist of members of the Bar of the court as follows: Three members from the District of
Massachusetts, two members from the District of Puerto Rico and one each from the Districts of
Maine, New Hampshire and Rhode Island.

(b) Duties. The advisory committee shall have an advisory role concerning the rules of practice
and
internal operating procedures of the court. The advisory committee shall, among other things,
(1) provide a forum for continuous study of the rules of practice and internal operating
procedures
of the court; (2) serve as a conduit between the bar and the public and the court regarding
procedural
matters and suggestions for changes; (3) consider and recommend rules and amendments for
adoption; and (4) render reports from time to time, on its own initiative and on request, to the
court.

(c) Terms of Members. The members of the advisory committee shall serve three-year terms,
which
will be staggered commencing on October 1, 1986, so that three new members will be appointed
every
year in such order as the court decides. The court shall appoint one of the members of the
committee
to serve as chairman.

Local Rule 47.3. Comments from Members of the Bar

 Prior to the adoption of a proposed amendment to these Rules, if time permits, the court will
seek
the comments and recommendations of interested members of the bar through the office of the
clerk
and with the aid of the advisory committee created pursuant to 28 U.S.C.  2077.

Local Rule 47.4. Rule Day

 Except in special circumstances, amendments to these Rules will become effective on a day of
the
year to be designated by the court as Rule Day, which will be chosen insofar as possible to insure
maximum availability in published sources.

Local Rule 47.5. Civil Appeals Management Plan

 Pursuant to Rule 47 of the Federal Rules of Appellate Procedure, the United States Court of
Appeals for the First Circuit adopts the following plan to establish a Civil Appeals Management
Program, said Program to have the force and effect of a local rule.

1. Pre-Argument Filing; Ordering Transcript.

(a) Upon receipt of the Notice of Appeal in the Court of Appeals, the Clerk of the Court of
Appeals
shall send notice of such fact to the appellant, together with blank Forms A and B (copies of
which
are attached hereto). Upon receipt of such notice from the Clerk of the Court of Appeals, the
appellant shall, within ten days:
 (1) file with the Clerk of the Court of Appeals and serve on all other parties a pre-argument
statement (in the form attached hereto as Form A) detailing information needed for the prompt
disposition of an appeal;
 (2) certify and file with the Clerk of the Court of Appeals (in the form attached hereto as
Form B)
that satisfactory arrangements have been made with the court reporter for payment of the cost of
the
transcript.

(b) Nothing herein shall alter the duty to order from the court reporter, promptly upon filing of
the
Notice of Appeal in the District Court, a transcript of the proceedings pursuant to FRAP Rule
10(b).

2. Pre-Argument Conference; Pre-Argument Conference Order.

(a) In cases where he may deem this desirable, the Settlement Counsel, who shall be appointed
by the
Court of Appeals, may direct the attorneys, and in certain cases the clients, to attend a
pre-argument
conference to be held as soon as practicable before him or a judge designated by the Chief Judge
to
consider the possibility of settlement, the simplification of the issues, and any other matters
which the
Settlement Counsel determines may aid in the handling or the disposition of the proceeding. The
Settlement Counsel shall consult the Clerk on setting dates for Pre-Argument Conferences.

(b) At the conclusion of the conference, the Settlement Counsel shall consult with the Clerk
concerning
the Clerk's entry of a Conference Order which shall control the subsequent course of the
proceeding.

3. Confidentiality.

 The Settlement Counsel shall not disclose the substance of the Pre-argument Conference, nor
report on the same, to any person or persons whomsoever (including, but not limited to, any
judge).
The attorneys are likewise prohibited from disclosing any substantive information emanating
from the
conference to anyone other than their clients or co-counsel; and then only upon receiving due
assurance that the recipients will honor the confidentiality of the information. See In re Lake
Utopia
Paper Ltd., 608 F.2d 928 (1st Cir. 1979). The fact of the conference having taken place, and the
bare
result thereof (e.g., "settled," "not settled," "continued"), including any resulting Conference
Order,
shall not be considered to be confidential.

4. Non-Compliance Sanctions.

 If the appellant has not taken each of the actions set forth in paragraph 1 of this Program, or in
the Conference Order, within the time therein specified, the appeal may be dismissed by the
Clerk
without further notice.

5. Grievances.

 Any grievances as to the handling of any case under the Program will be addressed by the
Court
of Appeals, and should be sent to Vincent Flanagan, Circuit Executive, One Courthouse Way,
Suite
3700, Boston, MA 02110, who will hold them confidential on behalf of the Court of Appeals
unless
release is authorized by the complainant.

6. Scope of Program.

 The Program will include all civil appeals and review of administrative orders, except the
following. It will not include original proceedings ( such as petitions for mandamus), prisoner
petitions, habeas corpus petitions, summary enforcement actions of the National Labor Relations
Board or any pro se cases. Nothing herein shall prevent any judge or panel, upon motion or sua
sponte, from referring any matter to the Settlement Counsel at any time.
 The foregoing Civil Appeals Management Program shall be applicable to all such cases as set
forth above, arising from the District Courts in the Districts of Maine, New Hampshire,
Massachu
setts, and Rhode Island, in which the Notice of Appeal is received in the Court of Appeals on or
after
January 1, 1992; and all such cases arising from the District Court in the District of Puerto Rico,
in
which the Notice of Appeal is received in the Court of Appeals on or after January 1, 1993.

Rule 48. Masters

 (a) Appointment; Powers. A court of appeals may appoint a special master to hold hearings,
if
 necessary, and to recommend factual findings and disposition in matters ancillary to
proceedings
 in the court. Unless the order referring a matter to a master specifies or limits the master's
powers,
 those powers include, but are not limited to, the following:

 (1) regulating all aspects of a hearing;

 (2) taking all appropriate action for the efficient performance of the master's duties under the
 order;

 (3) requiring the production of evidence on all matters embraced in the reference; and

 (4) administering oaths and examining witnesses and parties.

 (b) Compensation. If the master is not a judge or court employee, the court must determine
the
 master's compensation and whether the cost is to be charged to any party.
 Appendix of Forms

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

 United States District Court for the District of __________
 File Number __________

A.B., Plaintiff )
 v. ) Notice of Appeal
C.D., Defendant )

 Notice is hereby given that [(here name all parties taking the appeal),
(plaintiffs)(defendants) in the above named case*] hereby appeal to the United States Court of
Appeals for the First Circuit (from the final judgment)(from an order (describing it)) entered in
this
action on the _______ day of _______, 19___.

(s) ___________________
Attorney for [____]
[Address:_________]

* See Rule 3(c) for permissible ways of identifying appellants. Form 2. Notice of Appeal to a Court of Appeals From a Decision of the
 United States Tax Court

 United States Tax Court
 Washington, D.C.

A.B., Petitioner )
 v. ) Docket No. ____
Commissioner of Internal )
Revenue, Respondent )

 Notice of Appeal

 Notice is hereby given that [here name all parties taking the appeal], hereby appeals to the
United States Court of Appeals for the First Circuit from (that part of) the decision of this court
entered in the above captioned proceeding on the _______ day of _______, 19___ (relating to
_______).

 /s/ __________________
 Counsel for [____]
 [Address:________]

* See Rule 3(c) for permissible ways of identifying appellants. Form 3. Petition for Review of Order of an Agency, Board, Commission or
 Officer

 United States Court of Appeals
 for the First Circuit

A.B., Petitioner )
 v. ) Petition for Review
XYZ Commission, Respondent )

 [(here name all parties bringing the petition*] hereby petitions the court for review of the
Order of the XYZ Commission (describe the order) entered on _______, 19___.

 /s/ __________________
 Attorney for Petitioners
 [Address:________]

* See Rule 15.
 Form 4.
 Affidavit to Accompany Motion for
 Leave to Appeal in Forma Pauperis

 United States District Court for the District of ____________

A.B., Plaintiff

 v. Case No._____________

C.D., Defendant

Affidavit in Support of Motion

I swear or affirm under penalty of perjury that,
because of my poverty, I cannot prepay the docket
fees of my appeal or post a bond for them. I
believe I am entitled to redress. I swear or affirm
under penalty of perjury under United States laws
that my answers on this form are true and
correct.(28 U.S.C.  1746; 18 U.S.C.  1621.)

 Signed: _______________________________

Instructions

Complete all questions in this application and
then sign it. Do not leave any blanks: if the
answer to a question is "0," "none," or "not
applicable (N/A)," write in that response. If you
need more space to answer a question or to
explain your answer, attach a separate sheet of
paper identified with your name, your case's
docket number, and the question number.
Date: ___________________________________

My issues on appeal are:

1. For both you and you spouse estimate the average amount of money received from each of
the
following sources during the past 12 months. Adjust any amount that was received weekly,
biweekly,
quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is,
amounts before
any deductions for taxes or otherwise.
 Income source Average monthly amount during Amount expected next month
 the past 12 months

 You You
 Employment $_________ $_________

 Self-employment $_________ $_________

 Income from real property $_________
$_________
(such as rental income)

 Interest and dividends $_________ $_________

 Gifts $_________ $_________

 Alimony $_________ $_________

 Child support $_________ $_________

 Retirement (such as social $_________
$_________
security, pensions, annuities,
insurance)

 Disability (such as social $_________ $_________
security, insurance payments)

 Unemployment payments $_________
$_________

 Public-assistance $_________ $_________
(such as welfare)

 Other (specify):___________ $_________
$_________

 Total Monthly income: $_________
$_________

2. List your employment history, most recent employer first. (Gross monthly pay is before
taxes or other
deductions)

 Employer
 ___________________
 ___________________
 ___________________
 Address
 ___________________
 ___________________
 ___________________
 Dates of Employment
 ___________________
 ___________________
 ___________________
 Gross monthly pay
 ___________________
 ___________________
 ___________________

3. List your spouses's employment history, most recent employer first. (Gross monthly pay is
before taxes
or other deductions)

 Employer
 ___________________
 ___________________
 ___________________
 Address
 ___________________
 ___________________
 ___________________
 Dates of Employment
 ___________________
 ___________________
 ___________________
 Gross monthly pay
 ___________________
 ___________________
 ___________________

 4. How much cash do you and your spouse have? $______________
 Below, state any money you or your spouse have in bank accounts or in any other financial
institution.

 Financial Institution
 ___________________
 ___________________
 ___________________
 Type of Account
 ___________________
 ___________________
 ___________________
 Amount you have
 $________
 $________
 $________
Amount your spouse has
 $________
 $________
 $________

If you are a prisoner, you must attach a statement certified by the appropriate institutional officer
showing all receipts, expenditures, and balances during the last six months in your institutional
accounts. If you have multiple accounts, perhaps because you have been in multiple institutions,
attach one certified statement of each account.

5. List the assets, and their values, which you or your spouse owns. Do not list clothing and
ordinary
household furnishings.

 Home (Value)
____________________________
____________________________
____________________________

Other real estate
(Value)
__________________________
__________________________
__________________________
Motor Vehicle #1 (Value)
Make & year: ________________
Model: ________________
Registration #:________________

Motor Vehicle #2 (Value)
Make & year: ________________
Model: ________________
Registration #:_________________
Other assets (Value)
__________________________
__________________________
__________________________
Other assets (Value)
__________________________
__________________________
__________________________

 6. State every person, business, or organization owing you or your
spouse money, and the amount owed.

 Person owing you or your
 spouse money
 __________________________
 __________________________
 __________________________
 Amount owed to you

 __________________________
 __________________________
 __________________________
 Amount owed to your spouse

 __________________________
 __________________________
 __________________________

7. State the persons who rely on you or your spouse for support.

 Name
 __________________________
 __________________________
 __________________________
 Relationship
 __________________________
 __________________________
 __________________________
 Age
 __________________________
 __________________________
 __________________________

8. Estimate the average monthly expenses of you and your family. Show separately
the amounts paid by
your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or
annually
 to show the monthly rate.

 You Spouse
Rent or home mortgage payment (include lot rented $_________ $_________
 for mobile home)
 Are any real estate taxes included? Yes No
 Is property insurance included? Yes No

Utilities (electricity, heating fuel, water, sewer, and $_________ $_________
 Telephone)

Home maintenance (repairs and upkeep) $_________
 $_________

 Food $_________ $_________

 Clothing $_________ $_________

 Laundry and dry-cleaning $_________ $_________

Medical and dental expenses $_________ $_________

Transportation (not including motor vehicle payments) $_________ $_________

Recreation, entertainment, newspapers, magazines, etc. $_________ $_________

Insurance (not deducted from wages or included in $_________ $_________
 Mortgage payments)

 Homeowner's or renter's $_________ $_________

 Life $_________ $_________

 Health $_________ $_________

 Motor Vehicle $_________ $_________

 Other:________________________ $_________ $_________

Taxes (not deducted from wages or included in $_________ $_________
 Mortgage payments)(specify):_________________

Installment payments $_________ $_________

 Motor Vehicle $_________ $_________

 Credit card (name):_____________________ $_________ $_________

 Department store (name):________________ $_________ $_________

 Other:_______________________________ $_________ $_________

Alimony, maintenance, and support paid to others $_________ $_________

Regular expenses for operations of business, profession, $_________ $_________
 or farm (attach detailed statement)

Other (specify):______________________________ $_________ $_________

 Total monthly expenses: $_________ $_________

9. Do you expect any major changes to your monthly income or expenses in your assets or
liabilities
du ring the next 12 months?
 Yes No If yes, describe on an attached sheet.

10.Have you paid or will you be paying an attorney any money for services in connection with
this
 case, including the completion of this form? Yes No

 If yes, how much? $__________

If yes, state the attorney's name, address, and telephone number:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

11.Have you paid or will you be paying anyone other than an attorney (such as a paralegal or a
typist) any money for services in connection with this case, including the completion of this
form?
 Yes No

 If yes, how much? $__________

 If yes, state the person's name, address, and telephone number:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

12.Provide any other information that will help explain why you cannot pay the docket fees for
your
 appeal.

 13.State the address of your legal residence.
 __________________________________________________________
 __________________________________________________________
 Your daytime phone number: (_____) ___________________
Your age: ________ Your years of schooling: __________
 Your social security number: _______________________

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

 United States District Court for the District of ________

In re )
_______________________, )
 Debtor )
 ) File No __________
_______________________, )
 Plaintiff )
 v. )
_______________________, )
 Defendant )

 Notice of Appeal to the
 United States Court of Appeals for the First Circuit

 _______________________, the plaintiff [or defendant or other party] appeals to the United
States
Court of Appeals for the First Circuit from the final judgment [or order or decree] of the district
court for
the district of _______________________ [or bankruptcy appellate panel of the first circuit],
entered in
this case on ______________, 19_____ [here describe the judgment, order, or decree]
__________________.

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

Dated _______________________

Signed ______________________
 Attorney for Appellant

Address: _______________________
________________________________
 First Circuit Appearance Form

The First Circuit Appearance Form is available at the Clerk's Office. Appendix A. Selected Sections from Title 28 of the
 United States Code

  2253. Appeal

 (a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the
final order shall be subject to review, on appeal, by the court of appeals for the circuit in which
the
proceeding is held.
 (b) There shall be no right of appeal from a final order in a proceeding to test the validity of a
warrant to remove to another district or place for commitment or trial a person charged with a
criminal offense against the United States, or to test the validity of such person's detention
pending
removal proceedings.
 (c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be
taken to the court of appeals from
 (A) the final order in a habeas corpus proceeding in which the detention complained of
arises
 out of process issued by a State court; or
 (B) the final order in a proceeding under section 2255.
 (2) A certificate of appealability may issue under paragraph (1) only if the applicant has made
a substantial showing of the denial of a constitutional right.
 (3) The certificate of appealability under paragraph (1) shall indicate which specific issue or
issues satisfy the showing required by paragraph (2).

(June 25, 1948, c. 646, 62 Stat. 967; May 24, 1949, c. 139,  113, 63 Stat. 105; Oct. 31, 1951, c.
655,  52, 65 Stat. 727. As
amended Apr. 24, 1996, Pub.L. 104-132, Title I,  102, 110 Stat. 1217.)

  2254. State custody; remedies in Federal courts

 (a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an
application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment
of
a State court only on the ground that he is in custody in violation of the Constitution or laws or
treaties of the United States.
 (b)(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to
the
judgment of a State court shall not be granted unless it appears that
 (A) the applicant has exhausted the remedies available in the courts of the State; or
 (B)(i) there is an absence of available State corrective process; or
 (ii) circumstances exist that render such process ineffective to protect the rights of the
 applicant.
 (2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the
failure of the applicant to exhaust the remedies available in the courts of the State.
 (3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from
reliance upon the requirement unless the State, through counsel, expressly waives the
requirement.
 (c) An applicant shall not be deemed to have exhausted the remedies available in the courts of
the State, within the meaning of this section, if he has the right under the law of the State to raise,
by any available procedure, the question presented.
 (d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the
judgment of a State court shall not be granted with respect to any claim that was adjudicated on
the
merits in State court proceedings unless the adjudication of the claim
 (1) resulted in a decision that was contrary to, or involved an unreasonable application of,
clearly
established Federal law, as determined by the Supreme Court of the United States; or
 (2) resulted in a decision that was based on an unreasonable determination of the facts in light
of the evidence presented in the State court proceeding.
 (e)(1) In a proceeding instituted by an application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court, a determination of a factual issue made by a
State
court shall be presumed to be correct. The applicant shall have the burden of rebutting the
presumption of correctness by clear and convincing evidence.
 (2) If the applicant has failed to develop the factual basis of a claim in State court proceedings,
the court shall not hold an evidentiary hearing on the claim unless the applicant shows that
 (A) the claim relies on
 (i) a new rule of constitutional law, made retroactive to cases on collateral review by the
 Supreme Court, that was previously unavailable; or
 (ii) a factual predicate that could not have been previously discovered through the exercise
 of due diligence; and
 (B) the facts underlying the claim would be sufficient to establish by clear and convincing
 evidence that but for constitutional error, no reasonable factfinder would have found the
 applicant guilty of the underlying offense.
 (f) If the applicant challenges the sufficiency of the evidence adduced in such State court
proceeding to support the State court's determination of a factual issue made therein, the
applicant,
if able, shall produce that part of the record pertinent to a determination of the sufficiency of the
evidence to support such determination. If the applicant, because of indigency or other reason is
unable to produce such part of the record, then the State shall produce such part of the record and
the Federal court shall direct the State to do so by order directed to an appropriate State official.
If
the State cannot provide such pertinent part of the record, then the court shall determine under
the
existing facts and circumstances what weight shall be given to the State court's factual
determination.
 (g) A copy of the official records of the State court, duly certified by the clerk of such court to
be a true and correct copy of a finding, judicial opinion, or other reliable written indicia showing
such a factual determination by the State court shall be admissible in the Federal court
proceeding.
 (h) Except as provided in section 408 of the Controlled Substances Act, in all proceedings
brought under this section, and any subsequent proceedings on review, the court may appoint
counsel
for an applicant who is or becomes financially unable to afford counsel, except as provided by a
rule
promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel
under
this section shall be governed by section 3006A of title 18.
 (i) The ineffectiveness or incompetence of counsel during Federal or State collateral
post-conviction proceedings shall not be a ground for relief in a proceeding arising under section
2254.

(June 25, 1948, c. 646, 62 Stat. 967; Nov. 2, 1966, Pub.L. 89-711,  2, 80 Stat. 1105. As
amended Apr. 24, 1996, Pub.L.
104-132, Title I,  104, 110 Stat. 1218.)

  2255. Federal custody; remedies on motion attacking sentence

 A prisoner in custody under sentence of a court established by Act of Congress claiming the
right
to be released upon the ground that the sentence was imposed in violation of the Constitution or
laws
of the United States, or that the court was without jurisdiction to impose such sentence, or that
the
sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral
attack, may move the court which imposed the sentence to vacate, set aside or correct the
sentence.
 Unless the motion and the files and records of the case conclusively show that the prisoner is
entitled to no relief, the court shall cause notice thereof to be served upon the United States
attorney,
grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions
of
law with respect thereto. If the court finds that the judgment was rendered without jurisdiction,
or
that the sentence imposed was not authorized by law or otherwise open to collateral attack, or
that
there has been such a denial or infringement of the constitutional rights of the prisoner as to
render
the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and
shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may
appear appropriate.
 A court may entertain and determine such motion without requiring the production of the
prisoner at the hearing.
 An appeal may be taken to the court of appeals from the order entered on the motion as from a
final judgment on application for a writ of habeas corpus.
 An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for
relief by motion pursuant to this section, shall not be entertained if it appears that the applicant
has
failed to apply for relief, by motion, to the court which sentenced him, or that such court has
denied
him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the
legality of his detention.
 A 1-year period of limitation shall apply to a motion under this section. The limitation period
shall run from the latest of
 (1) the date on which the judgment of conviction becomes final;
 (2) the date on which the impediment to making a motion created by governmental action in
 violation of the Constitution or laws of the United States is removed, if the movant was
 prevented from making a motion by such governmental action;
 (3) the date on which the right asserted was initially recognized by the Supreme Court, if that
 right has been newly recognized by the Supreme Court and made retroactively applicable to
 cases on collateral review; or
 (4) the date on which the facts supporting the claim or claims presented could have been
 discovered through the exercise of due diligence.
 Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought
under this section, and any subsequent proceedings on review, the court may appoint counsel,
except
as provided by a rule promulgated by the Supreme Court pursuant to statutory authority.
Appointment of counsel under this section shall be governed by section 3006A of title 18.
 A second or successive motion must be certified as provided in section 2244 by a panel of the
appropriate court of appeals to contain
 (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole,
 would be sufficient to establish by clear and convincing evidence that no reasonable factfinder
 would have found the movant guilty of the offense; or
 (2) a new rule of constitutional law, made retroactive to cases on collateral review by the
 Supreme Court, that was previously unavailable.

(June 25, 1948, c. 646, 62 Stat. 967; May 24, 1949, c. 139,  114, 63 Stat. 105. As amended
Apr. 24, 1996, Pub.L. 104-132,
Title I,  105, 110 Stat. 1220.)Appendix B: Order of the Court Regarding Section 2254, 2255
 Petitions

 United States Court of Appeals
 for the First Circuit

 ORDER OF COURT

 In an Order effective September 10, 1996, this court adopted Interim Local Rules 22.1 and
22.2 in order to implement provisions of the Antiterrorism and Effective Death Penalty Act of
1996 ("AEDPA") relating to the processing of applications for certificates of appealability and
motions to file second or successive petitions in proceedings arising under 28 U.S.C.  2254
and 2255. The Order also rescinded Local Rule 22 relating to applications for certificates of
probable cause in  2254 proceedings.

 The Supreme Court's decision in Lindh v. Murphy, 117 S.Ct. 2059 (1997), indicates that the
subject provisions of the AEDPA do not apply in non-capital cases that were pending in the
district courts or courts of appeals prior to April 24, 1996, the effective date of the AEDPA.

 Accordingly, our Order effective September 10, 1996 is hereby amended as follows. Local
Rule 22 is reinstated and is applicable to  2254 proceedings which were pending prior to April
24, 1996. Interim Local Rules 22.1 and 22.2 shall be applied to the processing of non-capital
 2254 and  2255 petitions, and to motions seeking permission to file second or successive
petitions, which were filed on or after April 24, 1996.

 So ordered.

July 22, 1997.