The Business Master (4th Edition)/The Business Master - 4th Edition.iso/files/legaegal/court/frap2a.sta

Text File | 1993-09-01 | 15KB | 295 lines

FRAP 25

 FILING AND SERVICE

 (a) Filing.  Papers required or permitted to be filed in
a court of appeals shall be filed with the clerk.  Filing may be
accomplished by mail addressed to the clerk, but filing shall not
be timely unless the papers are received by the clerk within the
time fixed for filing, except that briefs and appendices shall be
deemed filed on the day of mailing if the most expeditious form
of delivery by mail, excepting special delivery, is utilized.  If
a motion requests relief which may be granted by a single judge,
the judge may permit the motion to be filed with the judge, in
which event the judge shall note thereon the date of filing and
shall thereafter transmit it to the clerk.  A court of appeals
may, by local rule, permit papers to be filed by facsimile or
other electronic means, provided such means are authorized by and
consistent with standards established by the Judicial Conference
of the United States.

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

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

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

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

FRAP 26

COMPUTATION AND EXTENSION OF TIME

 (a) Computation of time.  In computing any period of time
prescribed or allowed by these rules, by an order of court, or by
any applicable statute, the day of the act, event, or default
from which the designated period of time begins to run shall not
be included.  The last day of the period so computed shall be

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

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

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

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

FRAP 26.1

 CORPORATE DISCLOSURE STATEMENT

 Any non-governmental corporate party to a civil or
bankruptcy case or agency review proceeding and any non-
governmental corporate defendant in a criminal case shall file a
statement identifying all parent companies, subsidiaries (except
wholly-owned subsidiaries), and affiliates that have issued
shares to the public.  The statement shall be filed with a
party's principal brief or upon filing a motion, response,
petition, or answer in the court of appeals, whichever first
occurs, unless a local rule requires earlier filing.  The
statement shall be included in front of the table of contents in
a party's principal brief even if the statement was previously
filed.

FRAP 27

MOTIONS

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

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

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

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


FRAP 28

 BRIEFS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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