BRIEFS OF AN AMICUS CURIAE

(a) Filing of Briefs. The court will prohibit the filing of or strike an amicus brief that would result in the recusal of a member of the panel to which the case has been assigned or in the recusal of a judge in regular active service from a vote on whether to hear or rehear a case en banc. (b) Ruling on Motions. When a petition for rehearing en banc is pending, a motion for leave to file an amicus brief will be referred to the three-judge panel in the case.

The panel may either grant the motion or refer the motion to all judges in regular active service who are not disqualified. If the motion is referred, then an order ruling on the motion will also constitute an order to hear the motion en banc. -18- RULE 30A: DESIGNATED RECORD ON APPEAL (a) Scope.

(1) SOCIAL SECURITY APPEALS.

Three copies of the administrative agency record must be filed in social security cases.

(2) PRO SE APPEALS.

In all pro se appeals, the entire district court record is available for review. If the record is available in electronic format, the court will review the electronic version of the record. At the time a pro se notice of appeal is filed, the clerk of the district court must transmit to the clerk of this court the originals or paper copies of those portions of the original record which are not available through PACER, such as documentary exhibits, administrative records and state court files.

(3) IMMIGRATION CASES.

The agency is responsible for filing the Administrative Record, and must do so electronically within the time established by the briefing schedule order. No appendices are required in immigration cases, and all references to the record in pleadings and briefs must be to the relevant page in the electronic Administrative Record. (b) Methods of Preparing the Record on Appeal.

(1) AGREED STATEMENT AS THE RECORD ON APPEAL.

See FRAP 10(d).

(2) JOINT APPENDIX.

See FRAP 30(a) & (b). Appellant must file 3 copies of the appendix with the brief.

(3) SEPARATE APPENDICES.

Appellants may dispense with the process of preparing a joint appendix as set forth in FRAP 30(a) and (b) and submit a separate appendix with the opening brief. Appellant must notify the clerk and all opposing parties in writing of the decision to prepare and file a separate appendix within 14 days after filing the notice of appeal. Appellant must also order the transcript according to FRAP 10(b). Appellees may file a separate appendix containing material not included in the appellant's appendix.

Appellee must refer -19- to record material found in appellant's separate appendix rather than duplicating the material. Separate appendices must conform to FRAP 32(b) and must be fully indexed and consecutively paginated. Each party must file 3 copies of its separate appendix with its brief.

(4) SUPPLEMENTAL APPENDIX.

If the parties conclude after the opening briefs have been filed that relevant material has been omitted from the joint appendix, they may agree to file a supplemental appendix. In the absence of agreement, either party may move this court for permission to file a supplemental appendix. In rendering judgment on appeal, this court may rely on any portion of the original record of the district court or the agency proceedings including portions not included in the designated record. (c) Costs.

The prevailing party may recover in this court the costs of reproducing the required number of copies of the appendix. Costs for producing the transcript may be recovered in the district court. Unless the parties agree otherwise, the appellant must pay the cost of producing the joint appendix. The appellee, however, must advance to the appellant the cost of including parts of the record designated by appellee that the appellant deems unnecessary to determine the issues on appeal.

If appellee prevails on appeal, the costs the appellee has advanced are recoverable. The cost of appellee's separate appendix is also recoverable. The court will deny costs to parties who have caused unnecessary material to be inserted into the record. Any attorney who multiplies the proceedings in a case unreasonably and vexatiously may be held personally responsible by the court for excess costs according to 28 U.S.C. § 1927 and may be subject to disciplinary sanctions.

Cross-References: FRAP 10, 11, 25 (filing and service), 26 computation of time), 28, 30, 32; 8th Cir. R. 11A; 28 U.S.C. § 1927. -20- RULE 32A: BRIEFS AND REPLY BRIEFS RESPONDING TO MULTIPLE BRIEFS (a) Appellee Briefs in Consolidated Criminal Cases Involving Multiple Appellants. In consolidated criminal appeals involving multiple appellants, the United States must file a single appellee brief. The type-volume limitations set forth in FRAP 32(a)(7)(B)(I) apply to the brief.

If the United States believes presentation of the cases would be aided by separate appellee briefs, it may file a motion, at least 7 days prior to the brief due date, setting forth good cause to file separate briefs. Inability to comply with the type-volume limitations set forth in FRAP 32(a)(7)(B)(I) is not good cause for filing separate briefs. in Consolidated Civil Cases Involving (b) Appellee Briefs Multiple Appellants. In consolidated civil cases involving multiple appellants, each separately-represented appellee must file a single appellee brief. The type-volume limitations set forth in FRAP 32(a)(7)(B)(I) apply to the appellee brief.

(c) Reply Briefs in Appeals Involving Multiple Appellees. In cases involving multiple appellee briefs, appellant must file a single reply brief responding to all of the appellee briefs. The type-volume limitations set forth in FRAP 32(a)(7)(B)(ii) apply to the reply brief. RULE 32.1A: CITATION OF UNPUBLISHED OPINIONS Unpublished opinions are decisions a court designates for unpublished status.

They are not precedent. Unpublished opinions issued on or after January 1, 2007, may be cited in accordance with FRAP 32.1. Unpublished opinions issued before January 1, 2007, generally should not be cited. When relevant to establishing the doctrines of res judicata, collateral estoppel, or the law of the case, however, the parties may cite an unpublished opinion.

Parties may also cite an unpublished opinion of this court if the opinion has persuasive value on a material issue and no published opinion of this court or another court would serve as well. A party citing an unpublished opinion in a document or for the first time at oral argument which is not available in a publically accessible electronic database must attach a copy thereof to the document or to the supplemental authority letter required by FRAP 28(j). When citing an unpublished opinion, a party must indicate the opinion’s unpublished status. -21- RULE 34A: SCREENING FOR ORAL ARGUMENT (a) Assignment of Screening Function. The chief judge may appoint the clerk, the senior staff attorney, or a panel or panels of judges of the court to screen cases awaiting disposition.

(b) Screening Categories. Cases may be screened for disposition without oral argument, for abbreviated argument, or for full argument. Cases screened for full oral argument usually will be allotted 10, 15, or 20 minutes per side. Extended argument of 30 minutes or more per side occasionally will be allotted.

(c) Reclassification by Hearing Panel. The panel assigned to dispose of a case may alter time allocations for oral argument or reclassify the case as suitable for disposition without oral argument. (d) Disposition Without Oral Argument. The clerk will notify the parties when a case has been classified as suitable for disposition without argument.

Any party may ask the court to reconsider the case for oral argument by filing a written request for reclassification within 7 days after receiving notice. (e) Calendar Designation. The clerk will indicate on the calendar the time allocated for argument of each case. Cross-Reference: FRAP 34.