For the First Circuit Rulebook

1 United States Court of Appeals For the First Circuit Rulebook Federal Rules of Appellate Procedure First Circuit Local Rules First Circuit Internal Operating Procedures Administrative Order Regarding Case Management /Electronic Case Files System Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit Rules For Judicial-Conduct and Judicial-Disability Proceedings Effective with amendments through May 7, 2018. Maine ! Massachusetts ! New Hampshire Rhode Island ! Puerto Rico Table of Contents Table of Contents .. i Judges of the Court .. v Officers of the Court .. v Advisory Committee on Rules .. v Court of Appeals Miscellaneous Fee Schedule .. vi Notice to Litigants .. viii Federal Rules of Appellate Procedure .. 9. TITLE I. APPLICABILITY OF 9. Rule 1. Scope of Rules; Definition; Title .. 9. Rule 2. Suspension of Rules .. 9. TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT .. 9. Rule 3. Appeal as of Right How Taken.

2 9. Local Rule Docketing Statement Required; Dismissals for Want of Diligent Prosecution .. 11. Rule 4. Appeal as of Right When Taken .. 11. Rule 5. Appeal by Permission .. 16. Rule 6. Appeal in a Bankruptcy Case .. 17. Rule 7. Bond for Costs on Appeal in a Civil Case .. 20. Rule 8. Stay or Injunction Pending Appeal .. 20. Rule 9. Release in a Criminal Case .. 21. Local Rule Recalcitrant Witnesses .. 22. Rule 10. The Record on Appeal .. 22. Local Rule Ordering 24. Rule 11. Forwarding the Record .. 25. Local Rule Transmission of the Record, Sealed Documents .. 26. Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record .. 28. Local Rule Appearance, Withdrawal of Appearance .. 28. Rule Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal .. 28. TITLE III. APPEALS FROM THE UNITED STATES TAX COURT .. 29. Rule 13. Appeals From the Tax Court .. 29. Rule 14. Applicability of Other Rules to Appeals from the Tax Court.

3 30. TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE. AGENCY, BOARD, COMMISSION, OR OFFICER .. 30. Rule 15. Review or Enforcement of an Agency Order How Obtained;. Intervention .. 30. Rule Briefs and Oral Argument in a National Labor Relations Board 31. Rule 16. The Record on Review or Enforcement .. 31. Rule 17. Filing the Record .. 31. Rule 18. Stay Pending Review .. 32. i Local Rule Stays in Immigration Cases; notification of Removal Date .. 33. Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part .. 33. Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order .. 34. TITLE V. EXTRAORDINARY WRITS .. 34. Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs .. 34. Local Rule Petitions for Special 35. TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS .. 35. Rule 22. Habeas Corpus and Section 2255 Proceedings .. 35. Local Rule Habeas Corpus; Certificate of Appealability.

4 36. Local Rule Habeas Corpus; Successive Petitions .. 37. Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding .. 38. Rule 24. Proceeding in Forma Pauperis .. 39. TITLE VII. GENERAL PROVISIONS .. 40. Rule 25. Filing and Service .. 40. Local Rule Electronic Case Filing System and 42. Rule 26. Computing and Extending Time .. 48. Rule Corporate Disclosure Statement .. 50. Rule 27. Motions .. 50. Local Rule Motions .. 53. Rule 28. Briefs .. 53. Local Rule Addendum to Briefs Required .. 56. Local Rule References in Briefs to Sealed Material .. 57. Rule Cross-Appeals .. 57. Rule 29. Brief of an Amicus Curiae .. 59. Rule 30. Appendix to the Briefs .. 61. Local Rule Appendix to the Briefs .. 63. Rule 31. Serving and Filing Briefs .. 64. Local Rule Filing 65. Rule 32. Form of Briefs, Appendices, and Other 65. Local Rule Computer Generated Disk Requirement for Documents Filed in Paper Form .. 68. Local Rule Citation of State Decisions and Law Review Articles.

5 69. Local Rule Motions for Leave to File Oversized Briefs .. 69. Rule Citing Judicial Dispositions .. 69. Local Rule Citation of Unpublished Dispositions .. 70. Rule 33. Appeal Conferences .. 70. Local Rule Civil Appeals Management Plan .. 70. Rule 34. Oral Argument .. 72. Local Rule Oral 73. Local Rule Terms and Sittings .. 74. Rule 35. En Banc Determination .. 75. Local Rule En Banc Determination .. 76. Rule 36. Entry of Judgment; Notice .. 77. Local Rule Opinions .. 77. ii Rule 37. Interest on Judgment .. 78. Rule 38. Frivolous Appeal Damages and Costs .. 79. Local Rule Sanctions for Vexatious Litigation .. 79. Rule 39. Costs .. 79. Local Rule Taxation of Reproduction Costs .. 80. Local Rule Fee Applications .. 81. Rule 40. Petition for Panel Rehearing .. 82. Local Rule Petition for Panel 83. Rule 41. Mandate: Contents; Issuance and Effective Date; Stay .. 83. Local Rule Stay of Mandate .. 84. Rule 42. Voluntary Dismissal .. 84. Rule 43. Substitution of Parties.

6 85. Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party .. 86. Rule 45. Clerk's 86. Local Rule Defaults .. 87. Local Rule The Clerk .. 87. Rule 46. Attorneys .. 88. Local Rule 89. Local Rule Appointment of Counsel in Criminal Cases .. 93. Local Rule Procedure for Withdrawal in Criminal Cases .. 95. Rule 47. Local Rules by Courts of Appeals .. 97. Local Rule Local Rules of the First Circuit .. 97. Local Rule Judicial Conference of the First Circuit .. 98. Rule 48. Masters .. 99. Local Rule Capital Cases .. 99. Appendix of Forms .. 102. Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court .. 102. Form 2. Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court .. 103. Form 3. Petition for Review of Order of an Agency, Board, Commission or Officer .. 104. Form 4. Affidavit to Accompany Motion for Leave to Appeal in Forma 105.

7 Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court or a Bankruptcy Appellate Panel .. 110. Form 6. Certificate of Compliance With Type-Volume Limit .. 112. Form 7. Declaration of Inmate Filing .. 113. Appendix: Length Limits Stated in the Federal Rules of Appellate Procedure This chart summarizes the length limits stated in the Federal Rules of Appellate Procedure. Please refer to the rules for precise requirements, and bear in mind the following: .. 114. First Circuit Internal Operating Procedures .. 116. Introduction .. 116. Internal Operating Procedure I. Court 116. Internal Operating Procedure II. Attorneys .. 116. iii Internal Operating Procedure III. Initial 117. Internal Operating Procedure IV. Docketing Procedures .. 117. Internal Operating Procedure V. Motion Procedures .. 118. Internal Operating Procedure VI. Briefs and Appendices .. 119. Internal Operating Procedure VII. Screening and Calendaring.

8 119. Internal Operating Procedure VIII. Oral Argument .. 121. Internal Operating Procedure IX. Opinions & Judgments .. 122. Internal Operating Procedure X. Petitions for Panel Rehearing and Petitions for Hearing or Rehearing En Banc .. 122. Internal Operating Procedure XI. Complaints Against Judges .. 122. Internal Operating Procedure XII. notification of Changes or Notifications of the Court's Local Rules and Internal Operating Procedures .. 123. ADMINISTRATIVE ORDER REGARDING .. 124. Rules of Attorney Disciplinary Enforcement .. 125. RULE I .. 125. Attorneys Convicted of Crimes.. 125. RULE II .. 126. Discipline Imposed by Other 126. RULE III .. 127. Disbarment on Consent or Resignation in Other Courts.. 127. RULE IV .. 127. Standards for Professional Conduct.. 127. RULE V .. 128. Disciplinary Proceedings.. 128. RULE VI .. 129. Disbarment on Consent While Under Disciplinary Investigation or Prosecution.. 130. RULE 130. Reinstatement.. 130. RULE VIII.

9 131. Attorneys Specially Admitted.. 131. RULE IX .. 131. Appointment of Counsel.. 131. RULE X .. 131. Duties and Powers of the Clerk.. 131. RULE XI .. 132. Jurisdiction.. 132. RULE 132. Effective Date.. 132. RULES FOR JUDICIAL-CONDUCT AND .. 133. iv Judges of the Court Hon. Jeffrey R. Howard, Chief Judge Hon. Juan R. Torruella, Circuit Judge Hon. Sandra L. Lynch, Circuit Judge Hon. O. Rogeriee Thompson, Circuit Judge Hon. William J. Kayatta, Jr., Circuit Judge Hon. David J. Barron, Circuit Judge Hon. Bruce M. Selya, Senior Circuit Judge Hon. Michael Boudin, Senior Circuit Judge Hon. Norman H. Stahl, Senior Circuit Judge Hon. Kermit V. Lipez, Senior Circuit Judge Hon. Stephen Breyer, Circuit Justice Officers of the Court Margaret Carter, Clerk of Court Susan Goldberg, Circuit Executive Susan Sullivan, Circuit Librarian Jane Willoughby, Senior Staff Attorney Advisory Committee on Rules Donald C. Lockhart, Chair Salvador J. Antonetti-Stutts Renee M.

10 Bunker Antonio Escudero-Viera Vivianne M. Marrero Jack W. Pirozzolo Wendy Sibbison Abim Thomas Martha Van Oot v Court of Appeals Miscellaneous Fee Schedule (Issued in accordance with 28 ' 1913). Effective December 1, 2016. The fees included in the Court of Appeals Miscellaneous Fee Schedule are to be charged for services provided by the courts of appeals, including relevant services provided by the bankruptcy appellate panels established under 28 C. 158(b)(1). The United States should not be charged fees under this schedule, except as prescribed in Items 2, 4, and 5 when the information requested is available through remote electronic access. Federal agencies or programs that are funded from judiciary appropriations (agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 3006A, and bankruptcy administrators) should not be charged any fees under this schedule. (1) For docketing a case on appeal or review, or docketing any other proceeding, $500.