United States Court of Appeals

1 United States Court of AppealsEleventh Circuit56 Forsyth Street, NWAtlanta, Georgia 30303 David J. Smith Amy C. NerenbergClerk of Court Chief Deputy ClerkAugust 1, 2017 MEMORANDUMWe are pleased to enclose revisions to the Eleventh Circuit Rules that took effect onAugust 1, 2017. The revisions: Amend 11th Cir. R. 22-3(a) on the forms for applying to file a second or successive habeaspetition or motion to vacate by changing must to should and deleting the phrase exceptin a case in which the sentence imposed is death. Amend 11th Cir. R. 31-1(d) Jurisdictional Question to reference cross- Appeals and to statethat the appellee-cross-appellant s brief will also be stayed when a jurisdictional question isissued.

2 Amend 11th Cir. R. 42-2(e) Motion to Set Aside Dismissal and Remedy Default to providethat a motion to set aside a dismissal due to a failure to file a brief or appendix must beaccompanied by the brief or appendix, as opposed to the brief and appendix. Incorporate some of the content from FRAP 46, IOP 3 Components of Attorney AdmissionFee into 11th Cir. R. 46-1 Bar Admission and Fees, and delete from the rule payable toClerk, Court of Appeals , Eleventh Circuit. Delete the references to the dollar amount in 11th Cir. R. 46-2 Renewal of Bar Membership;Inactive Status. Delete the reference to the dollar amount and delete payable to Court of Appeals ,Non-Appropriated Fund, 11th Circuit from 11th Cir.

3 R. 46-4 Pro Hac Vice List of Replacement Pages on the following page shows the pages that have changedsince the last revision. We welcome comments and suggestions concerning our local rules J. SmithLIST OF REPLACEMENT PAGESR eplacement Pages to the Rules of the Court of Appeals for the Eleventh CircuitDiscardInsertCover Page (April 2017)Cover Page (August 2017)Table of Contents: 23 and 24 Table of Contents: 23 and 2475 and 7675 and 76123 and 124123 and 124165 and 166165 and 166173 through 176173 through 176 Index: 199 and 200 Index: 199 and 200 Index: 209 and 210 Index: 209 and 210 United STATESCOURT OF APPEALSfor theELEVENTH CIRCUIT! FEDERAL RULES OF APPELLATE PROCEDURE!

4 ELEVENTH CIRCUIT RULES! INTERNAL OPERATING PROCEDURESA ugust 2017 This page left blank OF THEUNITED States Court OF APPEALSFOR THE ELEVENTH CIRCUIT(cite as 11th Cir. R.)Both the Court of Appeals , by action of a majority of the circuit judges in regular service(see generally 28 chapters 3, 13, 15, 21, 47, 57, and Federal Rules of Appellate Procedure47), and the judicial council of the circuit (membership of which has been fixed pursuant to statuteto include nine active circuit judges, one active judge from each of the nine district courts, and thecircuit chief judge) have certain responsibilities for the effective and expeditious administration ofjustice within the circuit.

5 Contained herein are rules relevant to the Court of Appeals adopted by thecourt and by action of the judicial United States Court of Appeals for the Eleventh Circuit has adopted these rulespursuant to Federal Rules of Appellate Procedure (FRAP) 47. They supplement the provisions oflaw and FRAP. To properly proceed in this Court , counsel should read and follow FRAP, these rules,and the Court s Internal Operating Procedures (IOP) which describe the internal workings of theclerk s office and the Court . Although there are necessary exceptions, an effort has been made bythe Court not to duplicate in the Circuit Rules or the IOPs either FRAP or each other. Circuit rulesnot inconsistent with FRAP govern.

6 The word appeal as used in these rules and IOPs includes,where appropriate, any proceeding in this Court , including petitions for review and applications forenforcement of agency orders, and writs of mandamus and prohibition, and other extraordinary addenda as adopted by the Court are:ONE:Rules for Conduct of and Representation and Participation at the EleventhCircuit Judicial ConferenceTWO:Procedures in Proceedings for Review of Orders of the Federal EnergyRegulatory CommissionFIVE:Non-Criminal Justice Act Counsel AppointmentsSEVEN:Regulations of the United States Court of Appeals for the Eleventh Circuit forthe Selection and Appointment or the Reappointment of Federal PublicDefendersEIGHT:Rules Governing Attorney Discipline in the Court of Appeals for theEleventh CircuitNINE:Regulations of the Court of Appeals for the Eleventh Circuit for theSelection and Appointment or the Reappointment of BankruptcyAdministratorsRev.

7 : 12/135 IntroductionThe judicial council of the Eleventh Circuit pursuant to its statutory authority hasappointed a circuit executive (11th Cir. R. 47-2), adopted rules for the conduct of complaintproceedings under 28 351-364 (Addendum Three), adopted a plan and guidelines underthe Criminal Justice Act (11th Cir. R. 24-1 and Addendum Four), and adopted rules and regulationsfor selection and appointment of bankruptcy judges (Addendum Six).Available addenda as adopted by the judicial council are:THREE:Rules for Judicial-Conduct and Judicial-Disability Proceedings with EleventhCircuit Judicial Conduct and Disability RulesFOUR:Eleventh Circuit Plan under the Criminal Justice Act and Guidelines forCounsel Supplementing the Eleventh Circuit Plan under the Criminal JusticeActSIX:Rules and Regulations of the Judicial Council and the United States Court ofAppeals for the Eleventh Circuit for the Selection of Nominees, theAppointment of Bankruptcy Judges, and the Reappointment of BankruptcyJudgesThe rules, internal operating procedures, and addenda are available on the Internet.

8 12/136 IntroductionFEDERAL RULES OF APPELLATE PROCEDURE withELEVENTH CIRCUIT RULESandINTERNAL OPERATING PROCEDUREST able of ContentsPageTITLE I. APPLICABILITY OF RULESFRAP OF RULES; DEFINITION; TITLE271(a)Scope of Rules271(b)Definition271(c)Title27 FRAP OF RULES2811th Cir. R. 2-1 Court Action28 TITLE II. appeal FROM A JUDGMENT OR ORDER OF A DISTRICT COURTFRAP AS OF RIGHT HOW TAKEN293(a)Filing the Notice of Appeal293(b)Joint or Consolidated Appeals293(c)Content of the Notice of Appeal293(d)Serving the Notice of Appeal303(e)Payment of Fees3011th Cir. R. 3-1 Failure to Object to a Magistrate Judge s Findings or Recommendations30 IOP of Fees31 IOP to Seek Extension of Time to File Objections31 IOP to Accompany Magistrate Judge s Findings or Recommendations31 FRAP AS OF RIGHT WHEN TAKEN324(a) appeal in a Civil Case324(b) appeal in a Criminal Case344(c) appeal by an Inmate Confined in an Institution364(d)Mistaken Filing in the Court of Appeals36 IOPT imely Filing Required37 Rev.

9 : 12/147 Table of ContentsPageFRAP BY PERMISSION385(a)Petition for Permission to Appeal385(b)Contents of the Petition; Answer or Cross-Petition; Oral Argument385(c)Form of Papers; Number of Copies; Length Limits395(d)Grant of Permission; Fees; Cost Bond; Filing the Record3911th Cir. R. 5-1 Certificate Required39 IOP by Permission39 IOP Hac Vice Admission40 FRAP IN A BANKRUPTCY CASE416(a) appeal from a Judgment, Order, or Decree of a District Court Exercising Original Jurisdiction in a Bankruptcy Case416(b) appeal from a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel Exercising Appellate Jurisdiction in a Bankruptcy Case416(c)Direct Review by Permission Under 28 158(d)(2)43 IOPD irect Appeal43 FRAP FOR COSTS ON appeal IN A CIVIL CASE44 FRAP OR INJUNCTION PENDING APPEAL458(a)Motion for Stay458(b)Proceeding Against a Surety468(c)Stay in a Criminal Case4611th Cir.

10 R. 8-1 Motions4611th Cir. R. 8-2 Motion for Reconsideration46 IOPP roof of Service Required46 FRAP IN A CRIMINAL CASE479(a)Release Before Judgment of Conviction479(b)Release After Judgment of Conviction479(c)Criteria for Release4711th Cir. R. 9-1 Motions47 IOPP roof of Service Required47 FRAP RECORD ON APPEAL4810(a)Composition of the Record on Appeal48 Rev.: 12/168 Table of ContentsPage10(b)The Transcript of Proceedings4810(c)Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable4910(d)Agreed Statement as the Record on Appeal4910(e)Correction or Modification of the Record4911th Cir. R. 10-1 Ordering the Transcript - Duties of Appellant and Appellee50 IOPO rdering the Transcript50 FRAP THE RECORD5111(a)Appellant s Duty5111(b)Duties of Reporter and District Clerk5111(c)Retaining the Record Temporarily in theDistrict Court for Use in Preparing the Appeal5111(d)[Abrogated]5111(e)Retaining the Record by Court Order5211(f)Retaining Parts of the Record in the District Court by Stipulation of the Parties5211(g)Record for a Preliminary Motion in the Court of Appeals5211th Cir.