PRACTITIONERS’ GUIDE TO THE UNITED STATES COURT OF …

1 A NOTICE PRACTITIONER S GUIDE TO THE COURT OF APPEALS FOR THE FIFTH CIRCUIT We are pleased to offer this Practitioner s GUIDE to the COURT of Appeals for the Fifth Circuit. We intend this document to make it easier for both pro se litigants and lawyers to practice in our COURT . For the lawyers, we provide information about electronic case filing which became mandatory on March 15, 2010. While we have taken all efforts to ensure that the GUIDE was current at the time of publication, the GUIDE does not relieve practitioners of responsibility to comply with the Federal Rules of Appellate Procedure, the Fifth Circuit Rules, our Internal Operating Procedures, and, of course, case law and statutes.

2 This GUIDE is in PDF format and you can download or print it from our site. There is a limited search capability you can access by clicking on the binocular icon near the top of the screen and using the interactive find box. You can then type in the word or words for which you are searching, and select an option to match the word, the case or to search backwards. You can also access the find box by right clicking your mouse. There are ten appendices for reference. Because of their length, the PDF version of the GUIDE is in several sections. If you print a hard copy of the complete GUIDE , download or print the Appendices separately and then assemble the complete product.

3 To print Appendices go to the clerk s office page of the COURT s web site at < >, and then select the Appendices as shown below: Appendix A - Clerk s Office Employee Listing and Telephone Numbers Appendix B - FED. R. APP. P., 5TH CIR. R. and Internal Operating Procedures (IOPs) b Appendix C - Rules For Judicial-Conduct and Judicial-Disability Proceedings Appendix D - General Order Governing the Appellate Conference Program Appendix E - Briefing Checklist Appendix F Fifth Circuit Appeal Flow Chart Appendix G - Maps to John Minor Wisdom COURT of Appeals Building, Downtown New Orleans, and Vicinity Appendix H - 50 Most Frequently Asked Questions Appendix I - Selected Statistical Information PRACTITIONERS GUIDE TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 2019 Distributed by.

4 CLERK S OFFICE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT JOHN MINOR WISDOM UNITED STATES COURTHOUSE 600 SOUTH MAESTRI PLACE SUITE 115 NEW ORLEANS, LOUISIANA 70130 i TABLE OF CONTENTS Contents INTRODUCTION .. viiJUDGES OF THE UNITED STATES COURT OF APPEALS .. ixTHE DECISION TO APPEAL .. 1 SHOULD I APPEAL? .. 1 WHAT IS THE STANDARD OF REVIEW? .. 1 WHAT ARE MY CHANCES FOR SUCCESS? .. 1 HOW LONG DOES IT TAKE TO GET A DECISION?.. 2 WHAT IF I FILE A MERITLESS APPEAL? .. 2 THE CLERK S OFFICE AND ATTORNEYS .. 2 THE CLERK S 2 CLERK S OFFICE RESPONSIBILITIES .. 2 LOCATION AND HOURS OF OPERATION .. 3 TELEPHONE NUMBERS .. 3 EMERGENCY CONTACT.

5 3 CASELOAD 4 CASE MANAGEMENT RESPONSIBILITIES WITHIN THE CLERK S OFFICE .. 4 HOW DO I GET INFORMATION ABOUT MY CASE S STATUS? .. 5 HOW DO I GET GENERAL PROCEDURAL INFORMATION ABOUT BRIEFS, RECORD EXCERPTS, DUE DATES FOR DOCUMENTS, ii COPIES OF OPINIONS, FILING FEES, OR THE CLERK S OFFICE ADDRESS?.. 6 INFORMATION AVAILABLE ON THE INTERNET .. 6 AVAILABILITY OF OPINIONS ON THE INTERNET .. 6I STILL NEED HELP GETTING INFORMATION. HOW DO I GET IT? .. 7 ATTORNEYS .. 7 ADMISSION TO PRACTICE .. 7 DISCIPLINARY RULES .. 9 COUNSEL S DUTIES .. 10DO I NEED TO TELL THE CLERK WHEN MY ADDRESS CHANGES? 12 ELECTRONIC CASE FILING (ECF) .. 13 GETTING A CASE TO COURT .

6 14 CASE PROCESSING .. 14 WHAT CASES CAN THIS COURT DECIDE? .. 18 HOW DO I APPEAL A DISTRICT COURT JUDGMENT? .. 18 WHEN DO I FILE MY NOTICE OF APPEAL? .. 18 WHEN DOES THE TIME TO APPEAL START TO RUN? .. 19 APPEALS FROM A MAGISTRATE JUDGE S JUDGMENTS .. 20 WHAT DOES IT COST TO APPEAL? .. 21 HOW DO I APPEAL AN INTERLOCUTORY ORDER? .. 22 HOW DO I GET REVIEW OF A TAX COURT DECISION? .. 23 iii HOW DO I GET REVIEW OR ENFORCEMENT OF AN AGENCY ORDER? .. 24 HOW DO I FILE AN ORIGINAL PROCEEDING? .. 25 WHAT HAPPENS AFTER THE 5TH CIRCUIT GETS MY NOTICE OF APPEAL? .. 26 SAMPLE DOCKETING LETTER AND ENCLOSURES .. 27 DO I HAVE TO FILE AN APPEARANCE FORM?.

7 27 WHAT DO I NEED TO DO ABOUT TRANSCRIPTS? .. 28 WHAT DOES THE COURT REPORTER HAVE TO DO? .. 29 WHAT IF I DO NOT NEED A TRANSCRIPT? .. 30 WHAT HAPPENS AFTER THE TRANSCRIPT IS FILED, OR IF .. 31 NO TRANSCRIPT IS NEEDED? .. 31 DOES THE FIFTH CIRCUIT HAVE AN APPELLATE .. 31 CONFERENCE OR SETTLEMENT PROGRAM? .. 31 HOW ARE CASES SELECTED? .. 31 HOW DOES THE PROGRAM WORK? .. 32 HOW DO I GET MORE INFORMATION? .. 32 WRITING YOUR BRIEF AND .. 33 PREPARING RECORD EXCERPTS .. 33 WHAT SHOULD I DO WHEN I RECEIVE THE BRIEFING NOTICE? .. 33 Sample Briefing Notice .. 33 iv HOW DO I MAKE A PORTABLE DOCUMENT FORMAT (PDF) 34 ELECTRONIC COPY OF MY BRIEF AND RECORD EXCERPTS?

8 34 WHAT SHOULD I DO WITH THE RECORD ON APPEAL? .. 35 CITING TO THE RECORD.. 35 HOW DO I WRITE MY BRIEF? .. 36 WHAT MUST MY PAPER COPY BRIEF LOOK LIKE? .. 39 HOW LONG CAN MY BRIEF BE? .. 41 WHAT DO I NEED TO KNOW ABOUT A .. 42 CERTIFICATE OF COMPLIANCE? .. 42 13,000 WORDS ARE NOT ENOUGH. HOW DO I GET MORE? . 44 WHY DO I HAVE TO SIGN MY BRIEF? .. 44 WHAT DOES AN APPELLEE HAVE TO DO? .. 44 HOW DO I FILE A REPLY BRIEF? .. 45 WHAT HAPPENS IF THERE IS SOMETHING WRONG WITH MY BRIEF? .. 45 SAMPLE BRIEF DEFICIENCY LETTER .. 46 HOW DO I WRITE AN AMICUS BRIEF? .. 46 DO YOU HAVE OTHER SUGGESTIONS HOW TO WRITE MY BRIEF? .. 47 HOW DO I FILE AND SERVE MY BRIEF?

9 49 HOW DO I GET MORE TIME TO FILE A BRIEF? .. 50 WHAT ARE RECORD EXCERPTS? .. 50 v MOTIONS PROCESSING .. 53 HOW ARE MOTIONS PROCESSED? .. 55 CASE SCREENING .. 56 HOW DO CASES GET TO THE COURT ? .. 56 ORAL 59 DECISION AND OPINIONS .. 66 POST DECISION MATTERS .. 70 MISCELLANEOUS .. 75 STAY OR INJUNCTION PENDING APPEAL .. 75 RELEASE IN CRIMINAL CASES .. 76 HABEAS CORPUS PROCEEDINGS .. 77 SPECIAL PROCEDURES IN DEATH PENALTY CASES.. 79 Appendices as shown below: Appendix A - Clerk s Office Employee Listing and Telephone Numbers Appendix B - FED. R. APP. P., 5TH CIR. R. and Internal Operating Procedures (IOPs) Appendix C - Rules For Judicial-Conduct and Judicial-Disability Proceedings Appendix D - General Order Governing the Appellate Conference Program Appendix E - Briefing Checklist vi Appendix F Fifth Circuit Appeal Flow Chart Appendix G - Maps to John Minor Wisdom COURT of Appeals Building, Downtown New Orleans, and Vicinity Appendix H - 50 Most Frequently Asked Questions Appendix I - Selected Statistical Information vii INTRODUCTION We want to make it easier for lawyers to practice in our COURT .

10 To do that, this Practitioner s GUIDE walks the reader through an appeal: THE DECISION TO APPEAL lists facts about the COURT that will help parties and their lawyers decide whether to appeal. THE CLERK S OFFICE AND ATTORNEY RESPONSIBILITIES explains how the clerk s office works, STATES the requirements for admission to practice before the COURT , outlines the duties of counsel, and sets out our mandatory Electronic Case Filing requirements for attorneys. GETTING A CASE TO THE COURT covers the steps necessary to get an appeal before the COURT and ready for briefing. APPELLATE CONFERENCE PROGRAM lets you know how cases are selected for the program and how the confidential settlement process works.