Federal Rules of Appellate Procedure December 1, 2020

Federal Rules of Appellate Procedure December 1, 2020
Federal Rules of Appellate Procedure December 1, 2020
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This document contains the Federal Rules of Appellate Procedure, together with forms, as amended to December 1, 2018. 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.

Table of Contents


III Authority for promulgation of rules 

V Historical note  


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  1

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 8

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

10 Rule 8. Stay or Injunction Pending Appeal 10

Rule 9. Release in a Criminal Case 11

Rule 10. The Record on Appeal  12

Rule 11. Forwarding the Record 14

Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record 15

Rule 12.1. Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal   15

Title III. Appeals from the United States Tax Court:

Rule 13. Appeals from the Tax Court 16

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 17

Rule 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding18

Rule 16. The Record on Review or Enforcement18

Rule 17. Filing the Record18

Rule 18. Stay Pending Review 19

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 20

Title V. Extraordinary Writs: Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs 20

Title VI. Habeas Corpus; Proceedings in Forma Pauperis:

Rule 22. Habeas Corpus and Section 2255 Proceedings 21

Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding 22

Rule 24. Proceeding in Forma Pauperis  23

Title VII. General Provisions: Rule 25. Filing and Service 24

Rule 26. Computing and Extending Time 26

Rule 26.1. Disclosure Statement  28

Rule 27. Motions  28 Rule 28. Briefs 30

Rule 28.1. Cross-Appeals 32


Title VII. General Provisions—Continued Page

Rule 29. Brief of an Amicus Curiae  33

Rule 30. Appendix to the Briefs 35

Rule 31. Serving and Filing Briefs 37

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

Rule 32.1. Citing Judicial Dispositions 40

Rule 33. Appeal Conferences 40

Rule 34. Oral Argument 40

Rule 35. En Banc Determination 41

Rule 36. Entry of Judgment; Notice 42

Rule 37. Interest on Judgment  42

Rule 38. Frivolous Appeal—Damages and Costs  43

Rule 39. Costs  43

Rule 40. Petition for Panel Rehearing  44

Rule 41. Mandate: Contents; Issuance and Effective Date; Stay45

Rule 42. Voluntary Dismissal 45

Rule 43. Substitution of Parties 46

Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party


Rule 45. Clerk’s Duties47

Rule 46. Attorneys 48 Rule 47. Local Rules by Courts of Appeals   49

Rule 48. Masters 49


Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court  51

Form 2. Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court  52

Form 3. Petition for Review of Order of an Agency, Board, Commission or Officer 52

Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis 53

Form 5. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court or a Bankruptcy Appellate Panel 59

Form 6. Certificate of Compliance With Type-Volume Limit 60

Form 7. Declaration of Inmate Filing 61

LENGTH LIMITS Length Limits Stated in the Federal Rules of Appellate Procedure 62 





This contains federal rules of civil procedure that must be followed by lawyers, police officers, judges, and others involved in the United States Judicial system.

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United States House of Representatives, House Committee on the Judiciary
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  • Appellate Procedures
  • Appendix Title 28
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