FEDERAL RULES 

OF 

APPELLATE PROCEDURE 

WITH FORMS 

DECEMBER 1, 2023 

UNUM

E PLURIBUS

Printed for the use 

of 

THE COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 
118TH CONGRESS " COMMITTEE PRINT ! No. 2

1st Session 

FEDERAL RULES 

OF 

APPELLATE PROCEDURE 

WITH FORMS 

DECEMBER 1, 2023 

UNUM

E PLURIBUS

Printed for the use 

of 

THE COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 2024
COMMITTEE ON THE JUDICIARY 

ONE HUNDRED EIGHTEENTH CONGRESS

JIM JORDAN, Ohio, Chairman 

DARRELL ISSA, California 

KEN BUCK, Colorado 

MATT GAETZ, Florida 

MIKE JOHNSON, Louisiana 

ANDY BIGGS, Arizona 

TOM MCCLINTOCK, California 

TOM TIFFANY, Wisconsin 

THOMAS MASSIE, Kentucky 

CHIP ROY, Texas 

DAN BISHOP, North Carolina 

VICTORIA SPARTZ, Indiana 

SCOTT FITZGERALD, Wisconsin 

CLIFF BENTZ, Oregon 

BEN CLINE, Virginia 

KELLY ARMSTRONG, North Dakota 

LANCE GOODEN, Texas 

JEFF VAN DREW, New Jersey 

TROY NEHLS, Texas 

BARRY MOORE, Alabama 

KEVIN KILEY, California 

HARRIET HAGEMAN, Wyoming 

NATHANIEL MORAN, Texas 

LAUREL LEE, Florida 

WESLEY HUNT, Texas 

RUSSELL FRY, South Carolina 

JERROLD NADLER, New York, Ranking Member 

ZOE LOFGREN, California 

SHEILA JACKSON LEE, Texas 

STEVE COHEN, Tennessee 

HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia 

ADAM SCHIFF, California 

ERIC SWALWELL, California 

TED LIEU, California 

PRAMILA JAYAPAL, Washington 

J. LUIS CORREA, California 

MARY GAY SCANLON, Pennsylvania 

JOE NEGUSE, Colorado 

LUCY MCBATH, Georgia 

MADELEINE DEAN, Pennsylvania 

VERONICA ESCOBAR, Texas 

DEBORAH ROSS, North Carolina 

CORI BUSH, Missouri 

GLENN IVEY, Maryland 

BECCA BALINT, Vermont 

CHRISTOPHER HIXON, Majority Staff Director 

AMY RUTKIN, Minority Staff Director and Chief of Staff 

(II) 
FOREWORD 

This document contains the Federal Rules of Appellate Procedure together with forms, as amended to December 1, 2023. The 

rules and forms have been promulgated and amended by the 

United States Supreme Court pursuant to law, and further amended by Acts of Congress. This document has been prepared by the 

Committee in response to the need for an official up-to-date document containing the latest amendments to the rules. 

For the convenience of the user, where a rule has been amended 

a reference to the date the amendment was promulgated and the 

date the amendment became effective follows the text of the rule. 

The Committee on Rules of Practice and Procedure and the Advisory Committee on the Federal Rules of Appellate Procedure, 

Judicial Conference of the United States, prepared notes explaining the purpose and intent of the amendments to the rules. The 

Committee Notes may be found in the Appendix to Title 28, United 

States Code, following the particular rule to which they relate. 

Chairman, Committee on the Judiciary. 

DECEMBER 1, 2023. 

(III) 

(V) 

AUTHORITY FOR PROMULGATION OF RULES 

TITLE 28, UNITED STATES CODE 

§ 2072. Rules of procedure and evidence; power to prescribe 

(a) The Supreme Court shall have the power to prescribe general 

rules of practice and procedure and rules of evidence for cases in 

the United States district courts (including proceedings before 

magistrate judges thereof) and courts of appeals. 

(b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no 

further force or effect after such rules have taken effect. 

(c) Such rules may define when a ruling of a district court is 

final for the purposes of appeal under section 1291 of this title. 

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4648, 

eff. Dec. 1, 1988; amended Pub. L. 101–650, title III, §§ 315, 321, Dec. 

1, 1990, 104 Stat. 5115, 5117.) 

§ 2073. Rules of procedure and evidence; method of prescribing 

(a)(1) The Judicial Conference shall prescribe and publish the 

procedures for the consideration of proposed rules under this section. 

(2) The Judicial Conference may authorize the appointment of 

committees to assist the Conference by recommending rules to be 

prescribed under sections 2072 and 2075 of this title. Each such 

committee shall consist of members of the bench and the professional bar, and trial and appellate judges. 

(b) The Judicial Conference shall authorize the appointment of 

a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing committee shall review each recommendation of any other committees so 

appointed and recommend to the Judicial Conference rules of 

practice, procedure, and evidence and such changes in rules proposed by a committee appointed under subsection (a)(2) of this 

section as may be necessary to maintain consistency and otherwise promote the interest of justice. 

(c)(1) Each meeting for the transaction of business under this 

chapter by any committee appointed under this section shall be 

open to the public, except when the committee so meeting, in 

open session and with a majority present, determines that it is in 

the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason 

for so closing the meeting. Minutes of each meeting for the transaction of business under this chapter shall be maintained by the 

committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made available to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting. 
VI AUTHORITY FOR PROMULGATION OF RULES 

(2) Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend. 

(d) In making a recommendation under this section or under 

section 2072 or 2075, the body making that recommendation shall 

provide a proposed rule, an explanatory note on the rule, and a 

written report explaining the body’s action, including any minority or other separate views. 

(e) Failure to comply with this section does not invalidate a rule 

prescribed under section 2072 or 2075 of this title. 

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649, 

eff. Dec. 1, 1988; amended Pub. L. 103–394, title I, § 104(e), Oct. 22, 

1994, 108 Stat. 4110.) 

§ 2074. Rules of procedure and evidence; submission to Congress; 

effective date 

(a) The Supreme Court shall transmit to the Congress not later 

than May 1 of the year in which a rule prescribed under section 

2072 is to become effective a copy of the proposed rule. Such rule 

shall take effect no earlier than December 1 of the year in which 

such rule is so transmitted unless otherwise provided by law. The 

Supreme Court may fix the extent such rule shall apply to proceedings then pending, except that the Supreme Court shall not 

require the application of such rule to further proceedings then 

pending to the extent that, in the opinion of the court in which 

such proceedings are pending, the application of such rule in such 

proceedings would not be feasible or would work injustice, in 

which event the former rule applies. 

(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by 

Act of Congress. 

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649, 

eff. Dec. 1, 1988.) 

§ 2075. Bankruptcy rules 

The Supreme Court shall have the power to prescribe by general 

rules, the forms of process, writs, pleadings, and motions, and the 

practice and procedure in cases under title 11. 

Such rules shall not abridge, enlarge, or modify any substantive 

right. 

The Supreme Court shall transmit to Congress not later than 

May 1 of the year in which a rule prescribed under this section is 

to become effective a copy of the proposed rule. The rule shall 

take effect no earlier than December 1 of the year in which it is 

transmitted to Congress unless otherwise provided by law. 

The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) 

of title 11 and may provide general rules on the content of such 

statement. 

(Added Pub. L. 88–623, § 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. 

L. 95–598, title II, § 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103–394, 

title I, § 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109–8, title XII, 

§ 1232, Apr. 20, 2005, 119 Stat. 202.) 
(VII) 

HISTORICAL NOTE 

The Supreme Court prescribes Federal Rules of Appellate Procedure pursuant to section 2072 of Title 28, United States Code, as 

enacted by Title IV ‘‘Rules Enabling Act’’ of Pub. L. 100–702 (approved November 19, 1988, 102 Stat. 4648), effective December 1, 

1988, and section 2075 of Title 28. Pursuant to section 2074 of Title 

28, the Supreme Court transmits to Congress (not later than May 

1 of the year in which a rule prescribed under section 2072 is to become effective) a copy of the proposed rule. The rule takes effect 

no earlier than December 1 of the year in which the rule is transmitted unless otherwise provided by law. 

Prior to enactment of Pub. L. 100–702, the Supreme Court promulgated Federal Rules of Appellate Procedure pursuant to section 3772 of Title 18 and sections 2072 and 2075 of Title 28 of the 

United States Code. Pursuant to this authority the Rules of Appellate Procedure were adopted by order of the Court on December 

4, 1967, transmitted to Congress by the Chief Justice on January 

15, 1968, and became effective on July 1, 1968 (389 U.S. 1063; Cong. 

Rec., vol. 114, pt. 1, p. 113, Exec. Comm. 1361; H. Doc. 204, 90th 

Cong.). Effective December 1, 1988, section 3772 of Title 18 and 

former section 2072 of Title 28 were repealed and supplanted by 

new sections 2072 and 2074 of Title 28, see first paragraph of Historical Note above. 

By the same order, the Court abrogated several rules relating to 

appellate procedure formerly contained in the Rules of Criminal 

Procedure for the District Courts and the Rules of Civil Procedure 

for the District Courts. 

Amendments were adopted by the Court by order dated March 

30, 1970, transmitted to Congress by the Chief Justice on the same 

day, and became effective July 1, 1970 (398 U.S. 971; Cong. Rec., vol. 

116, pt. 7, p. 9861, Exec. Comm. 1838; H. Doc. 91–290). The amendments affected Rules 30(a), (c) and 31(a). 

Additional amendments were adopted by the Court by order 

dated March 1, 1971, transmitted to Congress by the Chief Justice 

on the same day, and became effective July 1, 1971 (401 U.S. 1029; 

Cong. Rec., vol. 117, pt. 4, p. 4629, Exec. Comm. 341; H. Doc. 92–57). 

The amendments affected Rules 26(a) and 45(a). 

An additional amendment was adopted by the Court by order 

dated April 24, 1972, transmitted to Congress by the Chief Justice 

on the same day, and became effective October 1, 1972 (406 U.S. 

1005; Cong. Rec., vol. 118, pt. 11, p. 14262, Exec. Comm. 1903; H. Doc. 

92–285). The amendment affected Rule 9(c). 

Additional amendments were adopted by the Court by order 

dated April 30, 1979, transmitted to Congress by the Chief Justice 

on the same day, and became effective August 1, 1979 (441 U.S. 969; 

Cong. Rec., vol. 125, pt. 8, p. 9366, Exec. Comm. 1456; H. Doc. 96–112). 

The amendments affected Rules 1(a), 3(c), (d), (e), 4(a), 5(d), 6(d), 
VIII HISTORICAL NOTE 

7, 10(b), 11(a), (b), (c), (d), 12, 13(a), 24(b), 27(b), 28(g), (j), 34(a), (b), 

35(b), (c), 39(c), (d), and 40. 

Section 210 of Public Law 98–473 (approved October 12, 1984, 98 

Stat. 1987) amended Rule 9(c). 

Additional amendments were adopted by the Court by order 

dated March 10, 1986, transmitted to Congress by the Chief Justice 

on the same day (475 U.S. 1153; Cong. Rec., vol. 132, pt. 3, p. 4267, 

Exec. Comm. 2971; H. Doc. 99–179), and became effective July 1, 

1986. The amendments included new Rules 3.1, 5.1, and 15.1, and affected Rules 3(d), 8(b), 10(b), (c), 11(b), 12(a), 19, 23(b), (c), 24(a), 

25(a), (b), 26(a), (c), 28(c), (j), 30(a), (b), (c), 31(a), (c), 34(a), (e), 39(c), 

(d), 43(a), (c), 45(a), (b), (d), and 46(a), (b). 

Section 7111 of Public Law 100–690 (approved November 18, 1988, 

102 Stat. 4419) amended Rule 4(b). 

Additional amendments were adopted by the Court by order 

dated April 25, 1989, transmitted to Congress by the Chief Justice 

on the same day (490 U.S. 1125; Cong. Rec., vol. 135, pt. 6, p. 7542, 

Exec. Comm. 1058; H. Doc. 101–53), and became effective December 

1, 1989. The amendments affected Rules 1(a), 3(a), 26(a), 27(a), and 

28(g) and included new Rules 6 and 26.1 and a new Official Form 

5. 

Additional amendments were adopted by the Court by order 

dated April 30, 1991, transmitted to Congress by the Chief Justice 

on the same day (500 U.S. 1007; Cong. Rec., vol. 137, pt. 7, p. 9721, 

Ex. Comm. 1192; H. Doc. 102–79), and became effective December 1, 

1991. The amendments affected Rules 4(a), 6, 10(c), 25(a), 26(a), 26.1, 

28(a), (b), (h), 30(b), and 34(d). 

Additional amendments were adopted by the Court by order 

dated April 22, 1993, transmitted to Congress by the Chief Justice 

on the same day (507 U.S. 1059; Cong. Rec., vol. 139, pt. 6, p. 8127, 

Ex. Comm. 1100; H. Doc. 103–72), and became effective December 1, 

1993. The amendments affected Rules 3, 3.1, 4, 5.1, 6, 10, 12, 15, 25, 

28, and 34, and Forms 1, 2, and 3. 

Additional amendments were adopted by the Court by order 

dated April 29, 1994, transmitted to Congress by the Chief Justice 

on the same day (511 U.S. 1155; Cong. Rec., vol. 140, pt. 7, p. 8903, 

Ex. Comm. 3082; H. Doc. 103–247), and became effective December 

1, 1994. The amendments affected Rules 1, 3, 5, 5.1, 9, 13, 21, 25, 26.1, 

27, 28, 30, 31, 33, 35, 38, 40, 41, and 48. 

Additional amendments were adopted by the Court by order 

dated April 27, 1995, transmitted to Congress by the Chief Justice 

on the same day (514 U.S. 1137; Cong. Rec., vol. 141, pt. 8, p. 11745, 

Ex. Comm. 809; H. Doc. 104–66), and became effective December 1, 

1995. The amendments affected Rules 4, 8, 10, and 47. 

Additional amendments were adopted by the Court by order 

dated April 23, 1996, transmitted to Congress by the Chief Justice 

on the same day (517 U.S. 1255; Cong. Rec., vol. 142, pt. 6, p. 8831, 

Ex. Comm. 2489; H. Doc. 104–203), and became effective December 

1, 1996. The amendments affected Rules 21, 25, and 26. 

Section 103 of Public Law 104–132 (approved April 24, 1996, 110 

Stat. 1218) amended Rule 22. 

Additional amendments were adopted by the Court by order 

dated April 24, 1998, transmitted to Congress by the Chief Justice 

on the same day (523 U.S. 1147; Cong. Rec., vol. 144, pt. 6, p. 8652, 
HISTORICAL NOTE IX

Ex. Comm. 9072; H. Doc. 105–269), and became effective December 

1, 1998. The amendments affected Rules 1 to 48 and Form 4. 

Additional amendments were adopted by the Court by order 

dated April 29, 2002, transmitted to Congress by the Chief Justice 

on the same day (535 U.S. 1123; Cong. Rec., vol. 148, pt. 5, p. 6813, 

Ex. Comm. 6622; H. Doc. 107–206), and became effective December 

1, 2002. The amendments affected Rules 1, 4, 5, 21, 24, 25, 26, 26.1, 

27, 28, 31, 32, 36, 41, 44, and 45 and included a new Official Form 6. 

Additional amendments were adopted by the Court by order 

dated March 27, 2003, transmitted to Congress by the Chief Justice 

on the same day (538 U.S. 1071; Cong. Rec., vol. 149, pt. 6, p. 7689, 

Ex. Comm. 1496; H. Doc. 108–59), and became effective December 1, 

2003. The amendments affected Forms 1, 2, 3, and 5. 

Additional amendments were adopted by the Court by order 

dated April 25, 2005, transmitted to Congress by the Chief Justice 

on the same day (544 U.S. 1151; Cong. Rec., vol. 151, pt. 7, p. 8784, 

Ex. Comm. 1907; H. Doc. 109–24), and became effective December 1, 

2005. The amendments affected Rules 4, 26, 27, 28, 32, 34, 35, and 45, 

and added new Rule 28.1. 

Additional amendments were adopted by the Court by order 

dated April 12, 2006, transmitted to Congress by the Chief Justice 

on the same day (547 U.S. 1221; Cong. Rec., vol. 152, pt. 6, p. 7213, 

Ex. Comm. 7318; H. Doc. 109–106), and became effective December 

1, 2006. The amendments affected Rule 25 and added new Rule 32.1. 

An additional amendment was adopted by the Court by order 

dated April 30, 2007, transmitted to Congress by the Chief Justice 

on the same day (550 U.S. 983; Cong. Rec., vol. 153, pt. 8, p. 10611, 

Ex. Comm. 1374; H. Doc. 110–24), and became effective December 1, 

2007. The amendment affected Rule 25. 

Additional amendments were adopted by the Court by order 

dated March 26, 2009, transmitted to Congress by the Chief Justice 

on March 25, 2009 (556 U.S. 1291; Cong. Rec., vol. 155, pt. 8, p. 10210, 

Ex. Comm. 1263; H. Doc. 111–28), and became effective December 1, 

2009. The amendments affected Rules 4, 5, 6, 10, 12, 15, 19, 22, 25, 26, 

27, 28.1, 30, 31, 39, and 41, and added new Rule 12.1. 

Additional amendments were adopted by the Court by order 

dated April 28, 2010, transmitted to Congress by the Chief Justice 

on the same day (559 U.S. 1119; Cong. Rec., vol. 156, pt. 6, p. 8139, 

Ex. Comm. 7474; H. Doc. 111–112), and became effective December 

1, 2010. The amendments affected Rules 1, 4, and 29, and Form 4. 

Additional amendments were adopted by the Court by order 

dated April 26, 2011, transmitted to Congress by the Chief Justice 

on the same day (563 U.S. 1045; Cong. Rec., vol. 157, pt. 6, p. 7770, 

Ex. Comm. 1663; H. Doc. 112–30), and became effective December 1, 

2011. The amendments affected Rules 4 and 40. 

Additional amendments were adopted by the Court by order 

dated April 16, 2013, transmitted to Congress by the Chief Justice 

on the same day (569 U.S. 1125; Cong. Rec., vol. 159, pt. 5, p. 6968, 

Ex. Comm. 1493; H. Doc. 113–27), and became effective December 1, 

2013. The amendments affected Rules 13, 14, 24, 28, and 28.1 and 

Form 4. 

An additional amendment was adopted by the Court by order 

dated April 25, 2014, transmitted to Congress by the Chief Justice 

on the same day (572 U.S. 1161; Cong. Rec., vol. 160, pt. 11, p. 15506, 
X HISTORICAL NOTE 

Ex. Comm. 7577; H. Doc. 113–161), and became effective December 

1, 2014. The amendment affected Rule 6. 

Additional amendments were adopted by the Court by order 

dated April 28, 2016, transmitted to Congress by the Chief Justice 

on the same day (578 U.S. 1031; Cong. Rec., vol. 162, pt. 4, p. 5467, 

Ex. Comm. 5234; H. Doc. 114–129), and became effective December 

1, 2016. The amendments affected Rules 4, 5, 21, 25, 26, 27, 28, 28.1, 

29, 32, 35, and 40, and Forms 1, 5, and 6, added Form 7, and added 

Appendix: Length Limits Stated in the Federal Rules of Appellate 

Procedure. 

An additional amendment was adopted by the Court by order 

dated April 27, 2017, transmitted to Congress by the Chief Justice 

on the same day (581 U.S. 1029; Cong. Rec., vol. 163, pt. 6, p.7574, 

Ex. Comm. 1257; H. Doc. 115–35), and became effective December 1, 

2017. The amendment affected Rule 4. 

Additional amendments were adopted by the Court by order 

dated April 26, 2018, transmitted to Congress by the Chief Justice 

on the same day (584 U.S. 1043; Cong. Rec., vol. 164, p. H3927, Daily 

Issue, Ex. Comm. 4788; H. Doc. 115–121), and became effective December 1, 2018. The amendments affected Rules 8, 11, 25, 26, 28.1, 29, 

31, 39, and 41, and Forms 4 and 7. 

Additional amendments were adopted by the Court by order 

dated April 25, 2019, transmitted to Congress by the Chief Justice 

on the same day (587 U.S.——; Cong. Rec., vol. 165, p. H7864, Daily 

Issue, Ex. Comm. 2226; H. Doc. 116–68), and became effective December 1, 2019. The amendments affected Rules 3, 5, 13, 21, 25, 26, 

26.1, 28, 32, and 39. 

Additional amendments were adopted by the Court by order 

dated April 27, 2020, transmitted to Congress by the Chief Justice 

on the same day (590 U.S.——; Cong. Rec., vol. 166, p. H1964, Daily 

Issue, Ex. Comm. 4268; H. Doc. 116–119), and became effective December 1, 2020. The amendments affected Rules 35 and 40. 

Additional amendments were adopted by the Court by order 

dated April 14, 2021, transmitted to Congress by the Chief Justice 

on the same day (593 U.S.——; Cong. Rec., vol. 167, p. H2124, Daily 

Issue, Ex. Comm. 983; H. Doc. 117–30), and became effective December 1, 2021. The amendments affected Rules 3 and 6, replaced Form 

1 with Forms 1A and 1B, and amended Form 2. 

Additional amendments were adopted by the Court by order 

dated April 11, 2022, transmitted to Congress by the Chief Justice 

on the same day (596 U.S.——; Cong. Rec., vol. 168, p. H4447, Daily 

Issue, Ex. Comm. 3748; H. Doc. 117–111), and became effective December 1, 2022. The amendments affected Rules 25 and 42. 

Additional amendments were adopted by the Court by order 

dated April 24, 2023, transmitted to Congress by the Chief Justice 

on the same day (599 U.S.——; Cong. Rec., vol. 169, p. H1944, Daily 

Issue, Ex. Comm. 795; H. Doc. 118–34), and became effective December 1, 2023. The amendments affected Rules 2, 4, 26, and 45. 

Committee Notes 

Committee Notes prepared by the Committee on Rules of Practice and Procedure and the Advisory Committee on the Federal 

Rules of Appellate Procedure, Judicial Conference of the United 

States, explaining the purpose and intent of the amendments are 
HISTORICAL NOTE XI

set out in the Appendix to Title 28, United States Code, following 

the particular rule to which they relate. In addition, the rules and 

amendments, together with Committee Notes, are set out in the 

House documents listed above. 

(XIII) 

TABLE OF CONTENTS 

Page 

Foreword .............................................................................................................. III

Authority for promulgation of rules .................................................................... V

Historical note ..................................................................................................... VII

RULES 

Title I. Applicability of Rules: 

Rule 1. Scope of Rules; Definition; Title ....................................................... 1 

Rule 2. Suspension of Rules ........................................................................... 1 

Title II. Appeal From a Judgment or Order of a District Court: 

Rule 3. Appeal as of Right—How Taken ......................................................... 2 

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

(Abrogated). 

Rule 4. Appeal as of Right—When Taken ....................................................... 3 

Rule 5. Appeal by Permission ........................................................................ 7 

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

Rule 6. Appeal in a Bankruptcy Case ............................................................. 9 

Rule 7. Bond for Costs on Appeal in a Civil Case ........................................... 11 

Rule 8. Stay or Injunction Pending Appeal ................................................... 11 

Rule 9. Release in a Criminal Case ................................................................ 12 

Rule 10. The Record on Appeal ...................................................................... 13 

Rule 11. Forwarding the Record ..................................................................... 14 

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

the Record ........................................................................................ 16 

Rule 12.1. Remand After an Indicative Ruling by the District Court on a 

Motion for Relief That Is Barred by a Pending Appeal ..................... 16 

Title III. Appeals from the United States Tax Court: 

Rule 13. Appeals from the Tax Court ............................................................. 17 

Rule 14. Applicability of Other Rules to Appeals from the Tax Court ........... 17 

Title IV. Review or Enforcement of an Order of an Administrative Agency, 

Board, Commission, or Officer: 

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

Intervention ...................................................................................... 18 

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

Proceeding ........................................................................................ 19 

Rule 16. The Record on Review or Enforcement ............................................ 19 

Rule 17. Filing the Record ............................................................................. 19 

Rule 18. Stay Pending Review ....................................................................... 20 

Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part ....... 20 

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

Order ................................................................................................. 21 

Title V. Extraordinary Writs: 

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

Writs ................................................................................................. 21 

Title VI. Habeas Corpus; Proceedings in Forma Pauperis: 

Rule 22. Habeas Corpus and Section 2255 Proceedings ................................... 22 

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

Rule 24. Proceeding in Forma Pauperis ......................................................... 23 

Title VII. General Provisions: 

Rule 25. Filing and Service ............................................................................ 24 

Rule 26. Computing and Extending Time ....................................................... 27 

Rule 26.1. Disclosure Statement .................................................................... 28 

Rule 27. Motions ............................................................................................ 29 

Rule 28. Briefs ................................................................................................ 31 

Rule 28.1. Cross-Appeals ................................................................................. 33 
XIV CONTENTS 

Title VII. General Provisions—Continued Page 

Rule 29. Brief of an Amicus Curiae ................................................................ 34 

Rule 30. Appendix to the Briefs ...................................................................... 36 

Rule 31. Serving and Filing Briefs ................................................................. 38 

Rule 32. Form of Briefs, Appendices, and Other Papers ................................. 38 

Rule 32.1. Citing Judicial Dispositions .......................................................... 41 

Rule 33. Appeal Conferences .......................................................................... 41 

Rule 34. Oral Argument ................................................................................. 41 

Rule 35. En Banc Determination .................................................................... 42 

Rule 36. Entry of Judgment; Notice ............................................................... 43 

Rule 37. Interest on Judgment ....................................................................... 43 

Rule 38. Frivolous Appeal—Damages and Costs ............................................. 43 

Rule 39. Costs ................................................................................................. 44 

Rule 40. Petition for Panel Rehearing ........................................................... 45 

Rule 41. Mandate: Contents; Issuance and Effective Date; Stay .................... 45 

Rule 42. Voluntary Dismissal ........................................................................ 46 

Rule 43. Substitution of Parties .................................................................... 47 

Rule 44. Case Involving a Constitutional Question When the United States 

or the Relevant State is Not a Party ................................................ 48 

Rule 45. Clerk’s Duties ................................................................................... 48 

Rule 46. Attorneys ......................................................................................... 49 

Rule 47. Local Rules by Courts of Appeals ..................................................... 50 

Rule 48. Masters ............................................................................................. 50 

FORMS 

Form 1A. Notice of Appeal to a Court of Appeals From a Judgment of a 

District Court .................................................................................... 53 

Form 1B. Notice of Appeal to a Court of Appeals From an Appealable Order of 

a District Court ................................................................................. 53 

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

States Tax Court ............................................................................... 54 

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

Officer ................................................................................................ 54 

Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma 

Pauperis ............................................................................................. 55 

Form 5. Notice of Appeal to a Court of Appeals From a Judgment or Order of 

a District Court or a Bankruptcy Appellate Panel ............................ 61 

Form 6. Certificate of Compliance With Type-Volume Limit ............................. 62 

Form 7. Declaration of Inmate Filing ................................................................. 63 

LENGTH LIMITS 

Length Limits Stated in the Federal Rules of Appellate Procedure ................... 64 
(1) 

1So in original. 

FEDERAL RULES OF APPELLATE PROCEDURE 

Effective July 1, 1968, as amended to December 1, 2023 

TITLE I. APPLICABILITY OF RULES 

Rule 1. Scope of Rules; Definition; Title 

(a) Scope of Rules. 

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

of appeals. 

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

the practice of the district court. 

(b) Definition. In these rules, ‘state’ 1 includes the District of Columbia and any United States commonwealth or territory. 

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

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 

1, 1989; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; 

Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 28, 2010, eff. Dec. 1, 2010.) 

Rule 2. Suspension of Rules 

(a) In a Particular Case. 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 

proceedings as it directs, except as otherwise provided in Rule 

26(b). 

(b) In an Appellate Rules Emergency. 

(1) Conditions for an Emergency. The Judicial Conference of 

the United States may declare an Appellate Rules emergency 

if it determines that extraordinary circumstances relating to 

public health or safety, or affecting physical or electronic access to a court, substantially impair the court’s ability to perform its functions in compliance with these rules. 

(2) Content. The declaration must: 

(A) designate the circuit or circuits affected; and 

(B) be limited to a stated period of no more than 90 days. 

(3) Early Termination. The Judicial Conference may terminate a declaration for one or more circuits before the termination date. 

(4) Additional Declarations. The Judicial Conference may 

issue additional declarations under this rule. 

(5) Proceedings in a Rules Emergency. When a rules emergency is declared, the court may: 

(A) suspend in all or part of that circuit any provision of 

these rules, other than time limits imposed by statute and 

described in Rule 26(b)(1)–(2); and 
Rule 3 FEDERAL RULES OF APPELLATE PROCEDURE 2 

(B) order proceedings as it directs. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 24, 2023, eff. Dec. 

1, 2023.) 

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—or the appealable order— 

from which the appeal is taken; 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) The notice of appeal encompasses all orders that, for purposes of appeal, merge into the designated judgment or appealable order. It is not necessary to designate those orders in the 

notice of appeal. 
3 FEDERAL RULES OF APPELLATE PROCEDURE Rule 4 

(5) In a civil case, a notice of appeal encompasses the final 

judgment, whether or not that judgment is set out in a separate document under Federal Rule of Civil Procedure 58, if the 

notice designates: 

(A) an order that adjudicates all remaining claims and 

the rights and liabilities of all remaining parties; or 

(B) an order described in Rule 4(a)(4)(A). 

(6) An appellant may designate only part of a judgment or 

appealable order by expressly stating that the notice of appeal 

is so limited. Without such an express statement, specific designations do not limit the scope of the notice of appeal. 

(7) An appeal must not be dismissed for informality of form 

or title of the notice of appeal, for failure to name a party 

whose intent to appeal is otherwise clear from the notice, or 

for failure to properly designate the judgment if the notice of 

appeal was filed after entry of the judgment and designates an 

order that merged into that judgment. 

(8) Forms 1A and 1B in the Appendix of Forms are suggested 

forms of notices of appeal. 

(d) Serving the Notice of Appeal. 

(1) The district clerk must serve notice of the filing of a notice of appeal by sending 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. 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 sends copies, with 

the date of sending. 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. 

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

1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 

25, 2019, eff. Dec. 1, 2019; Apr. 14, 2021, eff. Dec. 1, 2021.) 

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

Case] (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998) 

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 

entry of the judgment or order appealed from. 
Rule 4 FEDERAL RULES OF APPELLATE PROCEDURE 4 

(B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed 

from if one of the parties is: 

(i) the United States; 

(ii) a United States agency; 

(iii) a United States officer or employee sued in an 

official capacity; or 

(iv) a current or former United States officer or employee sued in an individual capacity for an act or 

omission occurring in connection with duties performed on the United States’ behalf—including all instances in which the United States represents that person when the judgment or order is entered or files the 

appeal for that person. 

(C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a 

civil case for purposes of Rule 4(a). 

(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 files in the district court any of the following motions under the Federal Rules of Civil Procedure— 

and does so within the time allowed by those rules—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 

within the time allowed for filing a motion under Rule 

59. 

(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’s alteration or amendment 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. 
5 FEDERAL RULES OF APPELLATE PROCEDURE Rule 4 

(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) regardless of whether its motion is filed before or 

during the 30 days after the time prescribed by this 

Rule 4(a) expires, 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 14 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 court finds that the moving party did not receive 

notice under Federal Rule of Civil Procedure 77(d) of the 

entry of the judgment or order sought to be appealed within 21 days after entry; 

(B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving 

party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and 

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

(7) Entry Defined. 

(A) A judgment or order is entered for purposes of this 

Rule 4(a): 

(i) if Federal Rule of Civil Procedure 58(a) does not 

require a separate document, when the judgment or 

order is entered in the civil docket under Federal Rule 

of Civil Procedure 79(a); or 

(ii) if Federal Rule of Civil Procedure 58(a) requires 

a separate document, when the judgment or order is 

entered in the civil docket under Federal Rule of Civil 

Procedure 79(a) and when the earlier of these events 

occurs: 

• the judgment or order is set forth on a separate 

document, or 

• 150 days have run from entry of the judgment or 

order in the civil docket under Federal Rule of 

Civil Procedure 79(a). 

(B) A failure to set forth a judgment or order on a separate document when required by Federal Rule of Civil Procedure 58(a) does not affect the validity of an appeal from 

that judgment or order. 
Rule 4 FEDERAL RULES OF APPELLATE PROCEDURE 6 

(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 14 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 14 days after the entry of the order disposing 

of the last such remaining motion, or within 14 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 14 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(a), nor does the filing of a motion under 35(a) affect the validity of a notice of appeal filed before entry of the order disposing of the motion. The filing of a motion under Federal 

Rule of Criminal Procedure 35(a) does not suspend the time for 

filing a notice of appeal from a judgment of conviction. 
7 FEDERAL RULES OF APPELLATE PROCEDURE Rule 5 

(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 institution has a system designed for legal mail, an 

inmate confined there must use that system to receive the 

benefit of this Rule 4(c)(1). If an inmate 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 and: 

(A) it is accompanied by: 

(i) a declaration in compliance with 28 U.S.C. § 1746— 

or a notarized statement—setting out the date of deposit and stating that first-class postage is being prepaid; or 

(ii) evidence (such as a postmark or date stamp) 

showing that the notice was so deposited and that 

postage was prepaid; or 

(B) the court of appeals exercises its discretion to permit 

the later filing of a declaration or notarized statement 

that satisfies Rule 4(c)(1)(A)(i). 

(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. 

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Pub. L. 100–690, title 

VII, § 7111, Nov. 18, 1988, 102 Stat. 4419; Apr. 30, 1991, eff. Dec. 1, 1991; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 

24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, 

eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 

1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 28, 2016, eff. Dec. 1, 2016; 

Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 24, 2023, eff. Dec. 1, 2023.) 

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 

with the circuit clerk and serve it 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. 
Rule 5 FEDERAL RULES OF APPELLATE PROCEDURE 8 

(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 memorandum, 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 10 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; Length Limits. All papers 

must conform to Rule 32(c)(2). 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. Except by the court’s permission, 

and excluding the accompanying documents required by Rule 

5(b)(1)(E): 

(1) a paper produced using a computer must not exceed 5,200 

words; and 

(2) a handwritten or typewritten paper must not exceed 20 

pages. 

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

(1) Within 14 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). 

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 

1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; 

Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 

25, 2019, eff. Dec. 1, 2019.) 
9 FEDERAL RULES OF APPELLATE PROCEDURE Rule 6 

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

Apr. 24, 1998, eff. Dec. 1, 1998) 

Rule 6. Appeal in a Bankruptcy Case 

(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)(1) 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 with these qualifications: 

(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(c), 13–20, 22–23, and 24(b) 

do not apply; 

(B) the reference in Rule 3(c) to ‘‘Forms 1A and 1B in the 

Appendix of Forms’’ must be read as a reference to Form 

5; 

(C) when the appeal is from a bankruptcy appellate 

panel, ‘‘district court,’’ as used in any applicable rule, 

means ‘‘appellate panel’’; and 

(D) in Rule 12.1, ‘‘district court’’ includes a bankruptcy 

court or bankruptcy 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 8022 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) If a party intends to challenge the order disposing of the motion—or the alteration or amendment of 

a judgment, order, or decree upon the motion—then 

the party, in compliance with Rules 3(c) and 6(b)(1)(B), 

must file a notice of appeal or amended notice of appeal. The notice or amended notice must be filed 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 14 days after filing the notice of appeal, 

the appellant must file with the clerk possessing the 

record assembled in accordance with Bankruptcy Rule 

8009—and serve on the appellee—a statement of the issues to be presented on appeal and a designation of the 
Rule 6 FEDERAL RULES OF APPELLATE PROCEDURE 10 

record to be certified and made available to the circuit 

clerk. 

(ii) An appellee who believes that other parts of the 

record are necessary must, within 14 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) Making the Record Available. 

(i) When the record is complete, the district clerk or 

bankruptcy-appellate-panel clerk must number the 

documents constituting the record and promptly make 

it available to the circuit clerk. If the clerk makes the 

record available in paper form, the clerk will not send 

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, unless directed to do so by a party or the circuit 

clerk. If unusually bulky or heavy exhibits are to be 

made available in paper form, 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 the record and make it 

available. When the record is made available in paper 

form, the court of appeals may provide by rule or order 

that a certified copy of the docket entries be made 

available 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 made available. 

(D) Filing the Record. When the district clerk or bankruptcy-appellate-panel clerk has made the record available, the circuit clerk must note that fact on the docket. 

The date noted on the docket serves as the filing date of 

the record. The circuit clerk must immediately notify all 

parties of the filing date. 

(c) Direct Review by Permission Under 28 U.S.C. § 158(d)(2). 

(1) Applicability of Other Rules. These rules apply to a direct 

appeal by permission under 28 U.S.C. § 158(d)(2), but with these 

qualifications: 

(A) Rules 3–4, 5(a)(3), 6(a), 6(b), 8(a), 8(c), 9–12, 13–20, 22–23, 

and 24(b) do not apply; 

(B) as used in any applicable rule, ‘‘district court’’ or 

‘‘district clerk’’ includes—to the extent appropriate—a 

bankruptcy court or bankruptcy appellate panel or its 

clerk; and 

(C) the reference to ‘‘Rules 11 and 12(c)’’ in Rule 5(d)(3) 

must be read as a reference to Rules 6(c)(2)(B) and (C). 

(2) Additional Rules. In addition, the following rules apply: 
11 FEDERAL RULES OF APPELLATE PROCEDURE Rule 8 

(A) The Record on Appeal. Bankruptcy Rule 8009 governs 

the record on appeal. 

(B) Making the Record Available. Bankruptcy Rule 8010 

governs completing the record and making it available. 

(C) Stays Pending Appeal. Bankruptcy Rule 8007 applies 

to stays pending appeal. 

(D) Duties of the Circuit Clerk. When the bankruptcy 

clerk has made the record available, the circuit clerk must 

note that fact on the docket. The date noted on the docket 

serves as the filing date of the record. The circuit clerk 

must immediately notify all parties of the filing date. 

(E) Filing a Representation Statement. Unless the court 

of appeals designates another time, within 14 days after 

entry of the order granting permission to appeal, the attorney who sought permission must file a statement with 

the circuit clerk naming the parties that the attorney represents on appeal. 

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 

1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 

25, 2014, eff. Dec. 1, 2014; Apr. 14, 2021, eff. Dec. 1, 2021.) 

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. 

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

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 bond or other security provided to obtain a stay of judgment; 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 
Rule 9 FEDERAL RULES OF APPELLATE PROCEDURE 12 

(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 security in the district court. 

(b) Proceeding Against a Security Provider. If a party gives security with one or more security providers, each provider submits to 

the jurisdiction of the district court and irrevocably appoints the 

district clerk as its agent on whom any papers affecting its liability on the security may be served. On motion, a security provider’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 send a copy to each security provider 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. 

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 27, 1995, eff. Dec. 

1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2018, eff. Dec. 1, 2018.) 

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). 
13 FEDERAL RULES OF APPELLATE PROCEDURE Rule 10 

(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Pub. L. 98–473, title II, 

§ 210, Oct. 12, 1984, 98 Stat. 1987; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 

24, 1998, eff. Dec. 1, 1998.) 

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 14 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 14 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 14 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 14 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 14 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. 
Rule 11 FEDERAL RULES OF APPELLATE PROCEDURE 14 

(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 14 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. 

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

1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 

26, 2009, eff. Dec. 1, 2009.) 

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: 
15 FEDERAL RULES OF APPELLATE PROCEDURE Rule 11 

(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 
Rule 12 FEDERAL RULES OF APPELLATE PROCEDURE 16 

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 bond 

or other security provided to obtain a stay of judgment; or 

• for any other intermediate order— 

the district clerk must send the court of appeals any parts of the 

record designated by any party. 

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

1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2018, eff. Dec. 1, 2018.) 

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 14 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. 

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

1, 1986; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998; 

Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 12.1. Remand After an Indicative Ruling by the District Court 

on a Motion for Relief That Is Barred by a Pending Appeal 

(a) Notice to the Court of Appeals. If a timely motion is made in 

the district court for relief that it lacks authority to grant because of an appeal that has been docketed and is pending, the 

movant must promptly notify the circuit clerk if the district 

court states either that it would grant the motion or that the motion raises a substantial issue. 

(b) Remand After an Indicative Ruling. If the district court 

states that it would grant the motion or that the motion raises a 

substantial issue, the court of appeals may remand for further 

proceedings but retains jurisdiction unless it expressly dismisses 

the appeal. If the court of appeals remands but retains jurisdiction, the parties must promptly notify the circuit clerk when the 

district court has decided the motion on remand. 

(As added Mar. 26, 2009, eff. Dec. 1, 2009.) 
17 FEDERAL RULES OF APPELLATE PROCEDURE Rule 14 

TITLE III. APPEALS FROM THE UNITED STATES TAX COURT 

Rule 13. Appeals from the Tax Court 

(a) Appeal as of Right. 

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

(A) An appeal as of right from 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. 

(B) 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. 

(2) 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 sending it 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. 

(3) 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. 

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

(A) Except as otherwise provided under Tax Court rules 

for the transcript of proceedings, the appeal 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. 

(B) If an appeal 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. 

(b) Appeal by Permission. An appeal by permission is governed 

by Rule 5. 

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 

1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 16, 2013, eff. Dec. 1, 2013; 

Apr. 25, 2019, eff. Dec. 1, 2019.) 

Rule 14. Applicability of Other Rules to Appeals from the Tax 

Court 

All provisions of these rules, except Rules 4, 6–9, 15–20, and 22–23, 

apply to appeals from the Tax Court. References in any applicable 

rule (other than Rule 24(a)) to the district court and district clerk 

are to be read as referring to the Tax Court and its clerk. 
Rule 15 FEDERAL RULES OF APPELLATE PROCEDURE 18 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 16, 2013, eff. Dec. 

1, 2013.) 

TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN 

ADMINISTRATIVE 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 21 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 crossapplication 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 
19 FEDERAL RULES OF APPELLATE PROCEDURE Rule 17 

(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. 

(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 

1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.) 

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. 

(As added Mar. 10, 1986, eff. July 1, 1986; amended Apr. 24, 1998, eff. 

Dec. 1, 1998.) 

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. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.) 

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. 
Rule 18 FEDERAL RULES OF APPELLATE PROCEDURE 20 

(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. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.) 

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; 

(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) 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. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.) 

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 10 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. 

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 

1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.) 
21 FEDERAL RULES OF APPELLATE PROCEDURE Rule 21 

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. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.) 

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 the petition with the circuit 

clerk and serve it 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 
Rule 22 FEDERAL RULES OF APPELLATE PROCEDURE 22 

made by filing a petition with the circuit clerk and serving it 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; Length Limits. All papers 

must conform to Rule 32(c)(2). 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. Except by the court’s 

permission, and excluding the accompanying documents required 

by Rule 21(a)(2)(C): 

(1) a paper produced using a computer must not exceed 7,800 

words; and 

(2) a handwritten or typewritten paper must not exceed 30 

pages. 

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 

1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; 

Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 25, 2019, eff. Dec. 1, 2019.) 

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 clerk must 

send to the court of appeals the certificate (if any) and the 

statement described in Rule 11(a) of the Rules Governing Proceedings Under 28 U.S.C. § 2254 or § 2255 (if any), along 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 it. 

(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. 

(As amended Pub. L. 104–132, title I, § 103, Apr. 24, 1996, 110 Stat. 

1218; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec 1, 2009.) 
23 FEDERAL RULES OF APPELLATE PROCEDURE Rule 24 

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. 

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

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, unless a statute provides 

otherwise. If the district court denies the motion, it must 

state its reasons in writing. 
Rule 25 FEDERAL RULES OF APPELLATE PROCEDURE 24 

(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: 

(A) 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 and states in writing its reasons 

for the certification or finding; or 

(B) a statute provides otherwise. 

(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 from the 

United States Tax Court or on Appeal or Review of an Administrative-Agency Proceeding. 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): 

(1) in an appeal from the United States Tax Court; and 

(2) when an appeal or review of a proceeding before an administrative agency, board, commission, or officer proceeds 

directly in the court of appeals. 

(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. 

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

1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; 

Apr. 16, 2013, eff. Dec. 1, 2013.) 

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) Nonelectronic Filing. 

(i) In General. For a paper not filed electronically, 

filing may be accomplished by mail addressed to the 
25 FEDERAL RULES OF APPELLATE PROCEDURE Rule 25 

clerk, but filing is not timely unless the clerk receives 

the papers within the time fixed for filing. 

(ii) A Brief or Appendix. A brief or appendix not filed 

electronically is timely filed, however, if on or before 

the last day for filing, it is: 

• mailed to the clerk by first-class mail, or other 

class of mail that is at least as expeditious, postage 

prepaid; or 

• dispatched to a third-party commercial carrier 

for delivery to the clerk within 3 days. 

(iii) Inmate Filing. If an institution has a system designed for legal mail, an inmate confined there must 

use that system to receive the benefit of this Rule 

25(a)(2)(A)(iii). A paper not filed electronically by an 

inmate is timely if it is deposited in the institution’s 

internal mail system on or before the last day for filing and: 

• it is accompanied by: a declaration in compliance with 28 U.S.C. § 1746—or a notarized statement—setting out the date of deposit and stating 

that first-class postage is being prepaid; or evidence (such as a postmark or date stamp) showing 

that the paper was so deposited and that postage 

was prepaid; or 

• the court of appeals exercises its discretion to 

permit the later filing of a declaration or notarized 

statement that satisfies Rule 25(a)(2)(A)(iii). 

(B) Electronic Filing and Signing. 

(i) By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must 

file electronically, unless nonelectronic filing is allowed by the court for good cause or is allowed or required by local rule. 

(ii) By an Unrepresented Person—When Allowed or 

Required. A person not represented by an attorney: 

• may file electronically only if allowed by court 

order or by local rule; and 

• may be required to file electronically only by 

court order, or by a local rule that includes reasonable exceptions. 

(iii) Signing. A filing made through a person’s electronic-filing account and authorized by that person, 

together with that person’s name on a signature block, 

constitutes the person’s signature. 

(iv) Same as a Written Paper. A paper filed electronically is a written paper for purposes of 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. 
Rule 25 FEDERAL RULES OF APPELLATE PROCEDURE 26 

(5) Privacy Protection. An appeal in a case whose privacy 

protection was governed by Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal 

Rule of Criminal Procedure 49.1 is governed by the same rule 

on appeal. In all other proceedings, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought in a criminal case. The provisions on remote electronic access in Federal Rule of Civil Procedure 

5.2(c)(1) and (2) apply in a petition for review of a benefits decision of the Railroad Retirement Board under the Railroad Retirement Act. 

(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. 

(1) Nonelectronic service may be any of the following: 

(A) personal, including delivery to a responsible person 

at the office of counsel; 

(B) by mail; or 

(C) by third-party commercial carrier for delivery within 

3 days. 

(2) Electronic service of a paper may be made (A) by sending 

it to a registered user by filing it with the court’s electronicfiling system or (B) by sending it by other electronic means 

that the person to be served consented to in writing. 

(3) 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. 

(4) Service by mail or by commercial carrier is complete on 

mailing or delivery to the carrier. Service by electronic means 

is complete on filing or sending, unless the party making service is notified that the paper was not received by the party 

served. 

(d) Proof of Service. 

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

following if it was served other than through the court’s electronic-filing system: 

(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 mail or electronic addresses, facsimile 

numbers, or the addresses of the places of delivery, as 

appropriate for the manner of service. 

(2) When a brief or appendix is filed by mailing or dispatch 

in accordance with Rule 25(a)(2)(A)(ii), 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. 
27 FEDERAL RULES OF APPELLATE PROCEDURE Rule 26 

(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. 

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

1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; 

Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 

29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, 

eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 

1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019; 

Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 26. Computing and Extending Time 

(a) Computing Time. The following rules apply in computing any 

time period specified in these rules, in any local rule or court 

order, or in any statute that does not specify a method of computing time. 

(1) Period Stated in Days or a Longer Unit. When the period 

is stated in days or a longer unit of time: 

(A) exclude the day of the event that triggers the period; 

(B) count every day, including intermediate Saturdays, 

Sundays, and legal holidays; and 

(C) include the last day of the period, but if the last day 

is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a 

Saturday, Sunday, or legal holiday. 

(2) Period Stated in Hours. When the period is stated in 

hours: 

(A) begin counting immediately on the occurrence of the 

event that triggers the period; 

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and 

(C) if the period would end on a Saturday, Sunday, or 

legal holiday, the period continues to run until the same 

time on the next day that is not a Saturday, Sunday, or 

legal holiday. 

(3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible: 

(A) on the last day for filing under Rule 26(a)(1), then the 

time for filing is extended to the first accessible day that 

is not a Saturday, Sunday, or legal holiday; or 

(B) during the last hour for filing under Rule 26(a)(2), 

then the time for filing is extended to the same time on 

the first accessible day that is not a Saturday, Sunday, or 

legal holiday. 

(4) ‘‘Last Day’’ Defined. Unless a different time is set by a 

statute, local rule, or court order, the last day ends: 

(A) for electronic filing in the district court, at midnight 

in the court’s time zone; 

(B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s principal office; 

(C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 

25(a)(2)(A)(iii)—and filing by mail under Rule 13(a)(2)—at 

the latest time for the method chosen for delivery to the 
Rule 26.1 FEDERAL RULES OF APPELLATE PROCEDURE 28 

post office, third-party commercial carrier, or prison mailing system; and 

(D) for filing by other means, when the clerk’s office is 

scheduled to close. 

(5) ‘‘Next Day’’ Defined. The ‘‘next day’’ is determined by 

continuing to count forward when the period is measured after 

an event and backward when measured before an event. 

(6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means: 

(A) the day set aside by statute for observing New Year’s 

Day, Martin Luther King Jr.’s Birthday, Washington’s 

Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, 

Veterans’ Day, Thanksgiving Day, or Christmas Day; 

(B) any day declared a holiday by the President or Congress; and 

(C) for periods that are measured after an event, any 

other day declared a holiday by the state where either of 

the following is located: 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 Certain Kinds of Service. When a party 

may or must act within a specified time after being served, and 

the paper is not served electronically on the party or delivered to 

the party on the date stated in the proof of service, 3 days are 

added after the period would otherwise expire under Rule 26(a). 

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

1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; 

Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 

29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, 

eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 

1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019; Apr. 24, 2023, eff. Dec. 1, 2023.) 

Rule 26.1. Disclosure Statement 

(a) Nongovernmental Corporations. Any nongovernmental corporation that is a party to a proceeding in a court of appeals must 

file a statement that identifies any parent corporation and any 

publicly held corporation that owns 10% or more of its stock or 

states that there is no such corporation. The same requirement 

applies to a nongovernmental corporation that seeks to intervene. 

(b) Organizational Victims in Criminal Cases. In a criminal case, 

unless the government shows good cause, it must file a statement 

that identifies any organizational victim of the alleged criminal 

activity. If the organizational victim is a corporation, the statement must also disclose the information required by Rule 26.1(a) 

to the extent it can be obtained through due diligence. 
29 FEDERAL RULES OF APPELLATE PROCEDURE Rule 27 

(c) Bankruptcy Cases. In a bankruptcy case, the debtor, the 

trustee, or, if neither is a party, the appellant must file a statement that: 

(1) identifies each debtor not named in the caption; and 

(2) for each debtor that is a corporation, discloses the information required by Rule 26.1(a). 

(d) Time for Filing; Supplemental Filing. The Rule 26.1 statement 

must: 

(1) be filed 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; 

(2) be included before the table of contents in the principal 

brief; and 

(3) be supplemented whenever the information required 

under Rule 26.1 changes. 

(e) Number of Copies. If the Rule 26.1 statement is filed before 

the principal brief, or if a supplemental statement is filed, 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. 

(As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Apr. 30, 1991, eff. 

Dec. 1, 1991; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2019, eff. Dec. 1, 2019.) 

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. 
Rule 27 FEDERAL RULES OF APPELLATE PROCEDURE 30 

(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; Length Limits; 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. If a cover is used, it 

must be white. 

(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 81⁄2 by 11 inch paper. The text must be doublespaced, 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. 

(E) Typeface and type styles. The document must comply 

with the typeface requirements of Rule 32(a)(5) and the 

type-style requirements of Rule 32(a)(6). 

(2) Length Limits. Except by the court’s permission, and excluding the accompanying documents authorized by Rule 

27(a)(2)(B): 

(A) a motion or response to a motion produced using a 

computer must not exceed 5,200 words; 
31 FEDERAL RULES OF APPELLATE PROCEDURE Rule 28 

(B) a handwritten or typewritten motion or response to 

a motion must not exceed 20 pages; 

(C) a reply produced using a computer must not exceed 

2,600 words; and 

(D) a handwritten or typewritten 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. 

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 

1, 1989; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; 

Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 

26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016.) 

Rule 28. Briefs 

(a) Appellant’s Brief. The appellant’s brief must contain, under 

appropriate headings and in the order indicated: 

(1) a 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 subjectmatter 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 concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record 

(see Rule 28(e)); 

(7) 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; 

(8) 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 
Rule 28 FEDERAL RULES OF APPELLATE PROCEDURE 32 

the issue or under a separate heading placed before the discussion of the issues); 

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

(10) the certificate of compliance, if required by Rule 

32(g)(1). 

(b) Appellee’s Brief. The appellee’s brief must conform to the requirements of Rule 28(a)(1)–(8) and (10), 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; and 

(4) the statement of the standard of review. 

(c) Reply Brief. The appellant may file a brief in reply to the appellee’s brief. 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) [Reserved] 

(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 
33 FEDERAL RULES OF APPELLATE PROCEDURE Rule 28.1 

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 

the reasons for the supplemental citations, referring either to the 

page of the brief or to a point argued orally. The body of the letter 

must not exceed 350 words. Any response must be made promptly 

and must be similarly limited. 

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

1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 

24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, 

eff. Dec. 1, 2005; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 28, 2016, eff. Dec. 

1, 2016; Apr. 25, 2019, eff. Dec. 1, 2019.) 

Rule 28.1. Cross-Appeals 

(a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 28(a)–(c), 31(a)(1), 32(a)(2), and 32(a)(7(A)–(B) do 

not apply to such a case, except as otherwise provided in this rule. 

(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for the purposes of this rule and Rules 

30 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 the parties’ agreement or by court order. 

(c) Briefs. In a case involving a cross-appeal: 

(1) Appellant’s Principal Brief. The appellant must file a 

principal brief in the appeal. That brief must comply with 

Rule 28(a). 

(2) Appellee’s Principal and Response Brief. The appellee 

must file a principal brief in the cross-appeal and must, in the 

same brief, respond to the principal brief in the appeal. That 

appellee’s brief must comply with Rule 28(a), except that the 

brief need not include a statement of the case unless the appellee is dissatisfied with the appellant’s statement. 

(3) Appellant’s Response and Reply Brief. The appellant must 

file a brief that responds to the principal brief in the cross-appeal and may, in the same brief, reply to the response in the 

appeal. That brief must comply with Rule 28(a)(2)–(8) and (10), 

except that none of the following need appear unless the appellant is dissatisfied with the appellee’s statement in the crossappeal: 

(A) the jurisdictional statement; 

(B) the statement of the issues; 

(C) the statement of the case; and 

(D) the statement of the standard of review. 

(4) Appellee’s Reply Brief. The appellee may file a brief in 

reply to the response in the cross-appeal. That brief must comply with Rule 28(a)(2)–(3) and (10) and must be limited to the 

issues presented by the cross-appeal. 

(5) No Further Briefs. Unless the court permits, no further 

briefs may be filed in a case involving a cross-appeal. 

(d) Cover. Except for filings by unrepresented parties, the cover 

of the appellant’s principal brief must be blue; the appellee’s principal and response brief, red; the appellant’s response and reply 

brief, yellow; the appellee’s reply brief, gray; and intervenor’s or 
Rule 29 FEDERAL RULES OF APPELLATE PROCEDURE 34 

amicus curiae’s brief, green; and any supplemental brief, tan. The 

front cover of a brief must contain the information required by 

Rule 32(a)(2). 

(e) Length. 

(1) Page Limitation. Unless it complies with Rule 28.1(e)(2), 

the appellant’s principal brief must not exceed 30 pages; the 

appellee’s principal and response brief, 35 pages; the appellant’s response and reply brief, 30 pages; and the appellee’s 

reply brief, 15 pages. 

(2) Type-Volume Limitation. 

(A) The appellant’s principal brief or the appellant’s response and reply brief is acceptable if it: 

(i) contains no more than 13,000 words; or 

(ii) uses a monospaced face and contains no more 

than 1,300 lines of text. 

(B) The appellee’s principal and response brief is acceptable if it: 

(i) contains no more than 15,300 words; or 

(ii) uses a monospaced face and contains no more 

than 1,500 lines of text. 

(C) The appellee’s reply brief is acceptable if it contains 

no more than half of the type volume specified in Rule 

28.1(e)(2)(A). 

(f) Time to Serve and File a Brief. Briefs must be served and filed 

as follows: 

(1) the appellant’s principal brief, within 40 days after the 

record is filed; 

(2) the appellee’s principal and response brief, within 30 days 

after the appellant’s principal brief is served; 

(3) the appellant’s response and reply brief, within 30 days 

after the appellee’s principal and response brief is served; and 

(4) the appellee’s reply brief, within 21 days after the appellant’s response and reply brief is served, but at least 7 days before argument unless the court, for good cause, allows a later 

filing. 

(As added Apr. 25, 2005, eff. Dec. 1, 2005; amended Mar. 26, 2009, eff. 

Dec. 1, 2009; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 28, 2016, eff. Dec. 

1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018.) 

Rule 29. Brief of an Amicus Curiae 

(a) During Initial Consideration of a Case on the Merits. 

(1) Applicability. This Rule 29(a) governs amicus filings during a court’s initial consideration of a case on the merits. 

(2) When Permitted. The United States or its officer or agency or a state may file an amicus 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, but a court of appeals may 

prohibit the filing of or may strike an amicus brief that would 

result in a judge’s disqualification. 

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

(A) the movant’s interest; and 

(B) the reason why an amicus brief is desirable and why 

the matters asserted are relevant to the disposition of the 

case. 
35 FEDERAL RULES OF APPELLATE PROCEDURE Rule 29 

(4) 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. An amicus 

brief need not comply with Rule 28, but must include the following: 

(A) if the amicus curiae is a corporation, a disclosure 

statement like that required of parties by Rule 26.1; 

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

(C) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references 

to the pages of the brief where they are cited; 

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

(E) unless the amicus curiae is one listed in the first sentence of Rule 29(a)(2), a statement that indicates whether: 

(i) a party’s counsel authored the brief in whole or in 

part; 

(ii) a party or a party’s counsel contributed money 

that was intended to fund preparing or submitting the 

brief; and 

(iii) a person—other than the amicus curiae, its 

members, or its counsel—contributed money that was 

intended to fund preparing or submitting the brief and, 

if so, identifies each such person; 

(F) an argument, which may be preceded by a summary 

and which need not include a statement of the applicable 

standard of review; and 

(G) a certificate of compliance under Rule 32(g)(1), if 

length is computed using a word or line limit. 

(5) 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. 

(6) 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. 

(7) Reply Brief. Except by the court’s permission, an amicus 

curiae may not file a reply brief. 

(8) Oral Argument. An amicus curiae may participate in oral 

argument only with the court’s permission. 

(b) During Consideration of Whether to Grant Rehearing. 

(1) Applicability. This Rule 29(b) governs amicus filings during a court’s consideration of whether to grant panel rehearing or rehearing en banc, unless a local rule or order in a case 

provides otherwise. 

(2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of 
Rule 30 FEDERAL RULES OF APPELLATE PROCEDURE 36 

the parties or leave of court. Any other amicus curiae may file 

a brief only by leave of court. 

(3) Motion for Leave to File. Rule 29(a)(3) applies to a motion 

for leave. 

(4) Contents, Form, and Length. Rule 29(a)(4) applies to the 

amicus brief. The brief must not exceed 2,600 words. 

(5) Time for Filing. An amicus curiae supporting the petition 

for rehearing or supporting neither party must file its brief, 

accompanied by a motion for filing when necessary, no later 

than 7 days after the petition is filed. An amicus curiae opposing the petition must file its brief, accompanied by a motion 

for filing when necessary, no later than the date set by the 

court for the response. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 28, 2010, eff. Dec. 

1, 2010; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018.) 

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 14 

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 14 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. 
37 FEDERAL RULES OF APPELLATE PROCEDURE Rule 30 

(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 
Rule 31 FEDERAL RULES OF APPELLATE PROCEDURE 38 

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. 

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

1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 29, 1994, eff. Dec. 1, 1994; 

Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.) 

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 21 days after 

service of the appellee’s brief but a reply brief must be filed at 

least 7 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 each unrepresented party and 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 each unrepresented party and 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. 

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

1, 1986; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; 

Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 

26, 2018, eff. Dec. 1, 2018.) 

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. 
39 FEDERAL RULES OF APPELLATE PROCEDURE Rule 32 

(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; any reply brief, gray 

and any supplemental brief, tan. 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 81⁄2 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 101⁄2

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). 

(B) Type-Volume Limitation. 

(i) A principal brief is acceptable if it: 

• contains no more than 13,000 words; or 

• 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). 

(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. 
Rule 32 FEDERAL RULES OF APPELLATE PROCEDURE 40 

(3) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an appendix may be a size 

other than 81⁄2 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 

panel rehearing and a petition for hearing or 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). If a cover is used, it must be white. 

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

(d) Signature. Every brief, motion, or other paper filed with the 

court must be signed by the party filing the paper or, if the party 

is represented, by one of the party’s attorneys. 

(e) Local Variation. Every court of appeals must accept documents that comply with the form requirements of this rule and 

the length limits set by these rules. By local rule or order in a 

particular case, a court of appeals may accept documents that do 

not meet all the form requirements of this rule or the length limits set by these rules. 

(f) Items Excluded from Length. In computing any length limit, 

headings, footnotes, and quotations count toward the limit but 

the following items do not: 

• cover page; 

• disclosure statement; 

• table of contents; 

• table of citations; 

• statement regarding oral argument; 

• addendum containing statutes, rules, or regulations; 

• certificate of counsel; 

• signature block; 

• proof of service; and 

• any item specifically excluded by these rules or by local 

rule. 

(g) Certificate of Compliance. 

(1) Briefs and Papers That Require a Certificate. A brief submitted under Rules 28.1(e)(2), 29(b)(4), or 32(a)(7)(B)—and a 

paper submitted under Rules 5(c)(1), 21(d)(1), 27(d)(2)(A), 

27(d)(2)(C), 35(b)(2)(A), or 40(b)(1)—must include a certificate by 

the attorney, or an unrepresented party, that the document 

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 document. The 

certificate must state the number of words—or the number of 

lines of monospaced type—in the document. 

(2) Acceptable Form. Form 6 in the Appendix of Forms meets 

the requirements for a certificate of compliance. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 

1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 28, 2016, eff. Dec. 1, 2016; 

Apr. 25, 2019, eff. Dec. 1, 2019.) 
41 FEDERAL RULES OF APPELLATE PROCEDURE Rule 34 

Rule 32.1. Citing Judicial Dispositions 

(a) Citation Permitted. A court may not prohibit or restrict the 

citation of federal judicial opinions, orders, judgments, or other 

written dispositions that have been: 

(i) designated as ‘‘unpublished,’’ ‘‘not for publication,’’ ‘‘nonprecedential,’’ ‘‘not precedent,’’ or the like; and 

(ii) issued on or after January 1, 2007. 

(b) Copies Required. If a party cites a federal judicial opinion, 

order, judgment, or other written disposition that is not available 

in a publicly accessible electronic database, the party must file 

and serve a copy of that opinion, order, judgment, or disposition 

with the brief or other paper in which it is cited. 

(As added Apr. 12, 2006, eff. Dec. 1, 2006.) 

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. 

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

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 28.1(b) determines which party is the appellant and 
Rule 35 FEDERAL RULES OF APPELLATE PROCEDURE 42 

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. 

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

1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 2005.) 

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 and 

who are not disqualified 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) a petition for an en banc hearing or rehearing produced using a computer must not exceed 3,900 words; and 
43 FEDERAL RULES OF APPELLATE PROCEDURE Rule 38 

(B) a handwritten or typewritten petition for an en banc 

hearing or rehearing must not exceed 15 pages. 

(3) For purposes of the limits 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. The length 

limits in Rule 35(b)(2) apply to 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. 

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 

1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 2005; 

Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 27, 2020, eff. Dec. 1, 2020.) 

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 

serve on 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. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 

1, 2002.) 

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. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.) 

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 
Rule 39 FEDERAL RULES OF APPELLATE PROCEDURE 44 

reasonable opportunity to respond, award just damages and single 

or double costs to the appellee. 

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

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 and serve an 

itemized and verified bill of costs. 

(2) Objections must be filed within 14 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 bond or other security to preserve 

rights pending appeal; and 

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

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

1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009; 

Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019.) 
45 FEDERAL RULES OF APPELLATE PROCEDURE Rule 41 

Rule 40. Petition for Panel Rehearing 

(a) Time to File; Contents; Response; 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, unless 

an order shortens or extends the time, the petition may be 

filed by any party within 45 days after entry of judgment if 

one of the parties is: 

(A) the United States; 

(B) a United States agency; 

(C) a United States officer or employee sued in an official capacity; or 

(D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the 

United States’ behalf—including all instances in which the 

United States represents that person when the court of appeals’ judgment is entered or files the petition for that 

person. 

(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) Response. Unless the court requests, no response to a petition for panel rehearing is permitted. Ordinarily, rehearing 

will not be granted in the absence of such a request. If a response is requested, the requirements of Rule 40(b) apply to 

the response. 

(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. 

Except by the court’s permission: 

(1) a petition for panel rehearing produced using a computer 

must not exceed 3,900 words; and 

(2) a handwritten or typewritten petition for panel rehearing 

must not exceed 15 pages. 

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 

1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2011, eff. Dec. 1, 2011; 

Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 27, 2020, eff. Dec. 1, 2020.) 

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, 
Rule 42 FEDERAL RULES OF APPELLATE PROCEDURE 46 

petition for rehearing en banc, or motion for stay of mandate, 

whichever is later. The court may shorten or extend the time by 

order. 

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

(d) Staying the Mandate Pending a Petition for Certiorari. 

(1) Motion to Stay. 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 petition would present a substantial question and that there is good cause for a stay. 

(2) Duration of Stay; Extensions. The stay must not exceed 90 

days, unless: 

(A) the period is extended for good cause; or 

(B) the party who obtained the stay notifies the circuit 

clerk in writing within the period of the stay: 

(i) that the time for filing a petition has been extended, in which case the stay continues for the extended period; or 

(ii) that the petition has been filed, in which case the 

stay continues until the Supreme Court’s final disposition. 

(3) Security. The court may require a bond or other security 

as a condition to granting or continuing a stay of the mandate. 

(4) Issuance of Mandate. The court of appeals must issue the 

mandate immediately on receiving a copy of a Supreme Court 

order denying the petition, unless extraordinary circumstances exist. 

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; 

Apr. 26, 2018, eff. Dec. 1, 2018.) 

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. 

(1) Stipulated Dismissal. The circuit clerk must dismiss a 

docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any court 

fees that are due. 

(2) Appellant’s Motion to Dismiss. An appeal may be dismissed on the appellant’s motion on terms agreed to by the 

parties or fixed by the court. 

(3) Other Relief. A court order is required for any relief 

under Rule 42(b)(1) or (2) beyond the dismissal of an appeal— 

including approving a settlement, vacating an action of the 

district court or an administrative agency, or remanding the 

case to either of them. 

(c) Court Approval. This Rule 42 does not alter the legal requirements governing court approval of a settlement, payment, or 

other consideration. 
47 FEDERAL RULES OF APPELLATE PROCEDURE Rule 43 

(d) Criminal Cases. A court may, by local rule, impose requirements to confirm that a defendant has consented to the dismissal 

of an appeal in a criminal case. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 11, 2022, eff. Dec. 

1, 2022.) 

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. 

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 

1, 1998.) 
Rule 44 FEDERAL RULES OF APPELLATE PROCEDURE 48 

Rule 44. Case Involving a Constitutional Question When the United 

States or the Relevant State is Not a Party 

(a) Constitutional Challenge to Federal Statute. 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. 

(b) Constitutional Challenge to State Statute. If a party questions the constitutionality of a statute of a State in a proceeding 

in which that State 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 of the State. 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 

1, 2002.) 

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, Washington’s Birthday, Memorial Day, 

Juneteenth National Independence 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. 
49 FEDERAL RULES OF APPELLATE PROCEDURE Rule 46 

(c) Notice of an Order or Judgment. Upon the entry of an order 

or judgment, the circuit clerk must immediately serve a notice of 

entry on each party, with a copy of any opinion, and must note 

the date of service 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. 

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

1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; 

Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 24, 2023, eff. Dec. 1, 2023.) 

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, llllllllllll, 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 
Rule 47 FEDERAL RULES OF APPELLATE PROCEDURE 50 

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. 

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

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. 

(As amended Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

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. 
51 FEDERAL RULES OF APPELLATE PROCEDURE Rule 48 

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 

1, 1998.) 

(53) 

APPENDIX OF FORMS 

Form 1A. Notice of Appeal to a Court of Appeals From a Judgment 

of a District Court 

United States District Court for the lllllllllllllll 

District of lllllllllll 

Docket Number lllllllll 

A.B., Plaintiff 

v. # Notice of Appeal 

C.D., Defendant 

lll(name all parties taking the appeal) * appeal to the United 

States Court of Appeals for the lll Circuit from the final judgment entered on ll (state the date the judgment was entered). 

(s)llllllllllll 

Attorney for llllll 

Address: llllllll 

[Note to inmate filers: If you are an inmate confined in an institution and you seek the 

timing benefit of Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) 

and file that declaration with this Notice of Appeal.] 

*See Rule 3(c) for permissible ways of identifying appellants. 

(As added Apr. 14, 2021, eff. Dec. 1, 2021.) 

Form 1B. Notice of Appeal to a Court of Appeals From an Appealable Order of a District Court 

United States District Court for the lllllllllllllll 

District of lllllllllll 

Docket Number lllllllll 

A.B., Plaintiff 

v. # Notice of Appeal 

C.D., Defendant 

lll(name all parties taking the appeal) * appeal to the United 

States Court of Appeals for the lll Circuit from the order 

lllll (describe the order) entered on ll(state the date the 

order was entered). 

(s)llllllllllll 

Attorney for llllll 

Address: llllllll 

[Note to inmate filers: If you are an inmate confined in an institution and you seek the 

timing benefit of Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) 

and file that declaration with this Notice of Appeal.] 

*See Rule 3(c) for permissible ways of identifying appellants. 

(As added Apr. 14, 2021, eff. Dec. 1, 2021.) 
Form 2 FEDERAL RULES OF APPELLATE PROCEDURE 54 

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. 

Docket No.llll 

A.B., Petitioner 

v. 

Commissioner of # Notice of Appeal 

Internal Revenue, 

Respondent 

lll(here name all parties taking the appeal) * appeal to the 

United States Court of Appeals for the lll Circuit from the decision entered on llll (state the date the decision was entered). 

(s)llllllllllll 

Attorney for llllll 

Address: llllllll 

*See Rule 3(c) for permissible ways of identifying appellants. 

(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 

1, 2003; Apr. 14, 2021, eff. Dec. 1, 2021.) 

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

United States Court of Appeals for the lllllllll Circuit 

A.B., Petitioner 

v. # Petition for Review 

XYZ Commission, Respondent 

lll(here name all parties bringing the petition) *lll hereby 

petition the court for review of the Order of the XYZ Commission 

(describe the order) entered on lllll, 20l. 

(s)lllllllllllll, 

Attorney for Petitioners 

Address:lllllllll 

*See Rule 15. 

(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 

1, 2003.) 
55 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 

Form 4. Affidavit Accompanying Motion for Permission to Appeal 

In Forma Pauperis 
Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 56 
57 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 
Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 58 
59 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 
Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 60 

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 28, 2010, eff. Dec. 

1, 2010; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 26, 2018, eff. Dec. 1, 2018.) 
61 FEDERAL RULES OF APPELLATE PROCEDURE Form 5 

Form 5. Notice of Appeal to a Court of Appeals From a Judgment 

or Order of a District Court or a Bankruptcy Appellate Panel 

Notice of Appeal to United States Court of Appeals for the 

llllll Circuit 

llllllll, the plaintiff [or defendant or other party] appeals to the United States Court of Appeals for the llllll 

Circuit from the final judgment [or order or decree] of the district 

court for the district of llllll [or bankruptcy appellate 

panel of the llllll circuit], entered in this case on 

llllll, 20ll [here describe the judgment, order, or decree] 

llllllllllllllllllllllllllllll 

The parties to the judgment [or order or decree] appealed from 

and the names and addresses of their respective attorneys are as 

follows: 

Dated llllllllllll

Signed llllllllllll 

Attorney for Appellant 

Address: lllllllllll

llllllllllllllll 

[Note to inmate filers: If you are an inmate confined in an institution and you seek the 

timing benefit of Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) 

and file that declaration along with this Notice of Appeal.] 

(As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Mar. 27, 2003, eff. 

Dec. 1, 2003; Apr. 28, 2016, eff. Dec. 1, 2016.) 
Form 6 FEDERAL RULES OF APPELLATE PROCEDURE 62 

Form 6. Certificate of Compliance With Type-Volume Limit 

(As added Apr. 29, 2002, eff. Dec. 1, 2002; amended Apr. 28, 2016, eff. 

Dec. 1, 2016.) 
63 FEDERAL RULES OF APPELLATE PROCEDURE Form 7 

Form 7. Declaration of Inmate Filing 

llllllllllllllllllllllllll 

[insert name of court; for example, 

United States District Court for the District of Minnesota] 

A.B., Plaintiff 

v. # Case No.llll 

C.D., Defendant 

I am an inmate confined in an institution. Today, llll [insert 

date], I am depositing the llll [insert title of document; for example, ‘‘notice of appeal’’] in this case in the institution’s internal 

mail system. First-class postage is being prepaid either by me or 

by the institution on my behalf. 

I declare under penalty of perjury that the foregoing is true and 

correct (see 28 U.S.C. § 1746; 18 U.S.C. § 1621). 

Sign your name herellllllllllll 

Signed on llllllll[insert date] 

[Note to inmate filers: If your institution has a system designed for legal mail, you must 

use that system in order to receive the timing benefit of Fed. R. App. P. 4(c)(1) or Fed. R. 

App. P. 25(a)(2)(A)(iii).] 

(As added Apr. 28, 2016, eff. Dec. 1, 2016; amended Apr. 26, 2018, eff. 

Dec. 1, 2018.) 
APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE 64 
65 FEDERAL RULES OF APPELLATE PROCEDURE APPENDIX 

(As added Apr. 28, 2016, eff. Dec. 1, 2016.) 

Æ