Case Involving a Constitutional Question When the

United States or the Relevant State is Not a Party There is no corresponding Circuit Rule. Rule 44 Rule 45. Clerk's Duties (a) General Provisions. (1) Qualifications.

The circuit clerk must take the oath and post any bond required by law. Neither the clerk nor any deputy clerk may practice as an attorney or counselor in any court while in office. (2) When Court Is Open. The court of appeals is always open for filing any paper, issuing and returning process, making a motion, and entering an order.

The clerk's office with the clerk or a deputy in attendance must be open during business hours on all days except Saturdays, Sundays, and legal holidays. A court may provide by local rule or by order that the clerk's office be open for specified hours on Saturdays or on legal holidays other than New Year's Day, Martin Luther King Jr.'s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (b) Records. (1) The Docket.

The circuit clerk must maintain a docket and an index of all docketed cases in the manner prescribed by the Director of the Administrative Office of the United States Courts. The clerk must record all papers filed with the clerk and all process, orders, and judgments. (2) Calendar. Under the court's direction, the clerk must prepare a calendar of cases awaiting argument.

In placing cases on the calendar for argument, the clerk must give preference to appeals in criminal cases and to other proceedings and appeals entitled to preference by law. (3) Other Records. The clerk must keep other books and records required by the Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of the United States, or by the court. (c) Notice of an Order or Judgment.

Upon the entry of an order or judgment, the circuit clerk must immediately serve a notice of entry on each party, with a copy of any opinion, and must note the date of service on the docket. Service on a party represented by counsel must be made on counsel. (d) Custody of Records and Papers. The circuit clerk has custody of the court's records and papers.

Unless the court orders or instructs otherwise, the clerk must not permit an original record or paper to be taken from the clerk's office. Upon disposition of the case, original papers constituting the record on appeal or review must be returned to the court or agency from which they were received. The clerk must preserve a copy of any brief, appendix, or other paper that has been filed. Rule 45 Circuit Rule 45 Clerk's Duties; Fees for Services (a) Attendance at Sessions.

The clerk or a deputy of the clerk will attend in person the sessions of this court. (b) Office Hours. The clerk's office will be open for the transaction of business from 9:00 A.M. until 4:00 P.M. daily, except Saturdays, Sundays, federal holidays, and any other day the chief judge designates. The court is always open for the receipt of emergency papers and the transaction of emergency business.

(c) Entry of Court-Issued Documents. Except as otherwise provided by these rules or court order, all orders, opinions, judgments, and other documents issued by the court in cases assigned to the court’s Case Management/Electronic Case Files (CM/ECF) system will be filed electronically in accordance with Circuit Rule 25 and the procedures established by the court. Any such filing constitutes under FRAP 36 and 45(b) entry on the docket maintained by the clerk. Any order, judgment, or other court-issued document filed electronically without the original signature of a judge or authorized court personnel has the same force and effect as if the judge or clerk had signed a paper copy.

Orders also may be issued as "text-only " entries on the docket, without an attached document. Such orders are official and binding. (d) Notice of Orders and Judgments. Immediately upon the entry of an order or judgment in a case assigned to the CM/ECF system, the clerk will electronically transmit a Notice of Docket Activity to all parties who have consented to electronic service.

Electronic transmission of the Notice of Docket Activity constitutes the notice and service required by FRAP 36(b) and 45(c). For any party who has not consented to electronic service, the clerk must immediately serve in paper form a notice of entry with a copy of any opinion. (e) Fees for Services. Fees, as prescribed by the Judicial Conference of the United States, are to be charged for the following services performed by the clerk, except that no fees are to be charged for services rendered on behalf of the United States.

The schedule of currently applicable fees will be posted on the court’s web site and distributed periodically as an appendix to these rules. (1) Docketing a case or docketing any other proceeding. A separate fee must be paid by each party filing a notice of appeal in the district court, but parties filing a joint notice of appeal in the district court are required to pay only one fee. A docketing fee will not be charged for the docketing of a petition for permission to appeal under FRAP 5, unless the appeal is allowed.

(2) Search of the records of this court and certifying the results. (3) Certifying any document or paper, whether certification is made directly on the document or by separate instrument. (4) Reproducing any record or paper. Rule 45 (5) Comparing with the original thereof any copy of any transcript of record, entry, or paper, when such copy is furnished by any person requesting certification.

(f) Printed Copies of Opinions. For each printed copy of the decision in a case, including all separate and dissenting opinions, the clerk will charge such sum as the court may from time to time direct, and copies may be supplied without charge or at such reduced charge as the court may from time to time designate. Each party in a case will receive 2 paper copies of the decision without charge. (g) Other Fees Not Authorized.

No fees for services other than those authorized pursuant to law may be charged. See also Circuit Rule 1 (Scope of Rules; General Provisions), and Circuit Rule 25 (Filing and Service). Rule 45 Rule 46. Attorneys (a) Admission to the Bar.

(1) Eligibility. An attorney is eligible for admission to the bar of a court of appeals if that attorney is of good moral and professional character and is admitted to practice before the Supreme Court of the United States, the highest court of a state, another United States court of appeals, or a United States district court (including the district courts for Guam, the Northern Mariana Islands, and the Virgin Islands). (2) Application. An applicant must file an application for admission, on a form approved by the court that contains the applicant's personal statement showing eligibility for membership.

The applicant must subscribe to the following oath or affirmation: "I, ________________, do solemnly swear [or affirm] that I will conduct myself as an attorney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States." (3) Admission Procedures. On written or oral motion of a member of the court's bar, the court will act on the application. An applicant may be admitted by oral motion in open court. But, unless the court orders otherwise, an applicant need not appear before the court to be admitted.

Upon admission, an applicant must pay the clerk the fee prescribed by local rule or court order. (b) Suspension or Disbarment. (1) Standard. A member of the court's bar is subject to suspension or disbarment by the court if the member: (A) has been suspended or disbarred from practice in any other court; or (B) is guilty of conduct unbecoming a member of the court's bar.

(2) Procedure. The member must be given an opportunity to show good cause, within the time prescribed by the court, why the member should not be suspended or disbarred. (3) Order. The court must enter an appropriate order after the member responds and a hearing is held, if requested, or after the time prescribed for a response expires, if no response is made.

(c) Discipline. A court of appeals may discipline an attorney who practices before it for conduct unbecoming a member of the bar or for failure to comply with any court rule. First, however, the court must afford the attorney reasonable notice, an opportunity to show cause to the contrary, and, if requested, a hearing. Rule 46 Circuit Rule 46 Attorneys; Appearance by Law Student (a) Appearances.

Except as otherwise provided by law, the docketing statement and all papers filed thereafter in this court must be signed by at least one member of the bar of this court, and only members of the bar of this court may present oral argument. However, on motion for good cause shown, the court may allow argument to be presented in a case by an attorney who is not a member of the bar of this court. (b) Admission. Each applicant for admission to the bar of this court must file with the clerk an application for admission on a form approved by the court and furnished by the clerk, accompanied by a certificate, executed not more than 60 days prior to the date of the application, from the court upon which the application is based, evidencing the applicant's admission to practice before that court and current good standing.

Upon the court's grant of an application for admission, the clerk will mail to the applicant a certificate of admission. Applicants for admission to the bar of this court need not appear in person for the purpose of taking the oath or affirmation of admission. The fee for admission will be set periodically by order of the court and must be tendered with the application. (c) Change of Address.

Changes in the address of counsel and pro se litigants must be immediately reported to the clerk in writing. Counsel and pro se litigants who are registered for the court’s CM/ECF system must immediately report any change in their postal or e-mail address by updating their appellate filer account. (d) Change of Name of Attorney After Admission. Any member of the bar of this court may file with the clerk a certificate that he or she is engaged in practice under a new name.

The clerk will note such change of name on the roll of attorneys and on the records of this court. (e) Disbarment and Suspension. For provisions governing the discipline of members of the bar of this court, see the court's Rules of Disciplinary Enforcement. (f) Committee on Admissions and Grievances.

For provisions governing the Committee on Admissions and Grievances and the referral of matters to that committee, see the court's Rules of Disciplinary Enforcement. (g) Appearance by Law Student. (1) Entry of Appearance on Written Consent of Party. An eligible law student may enter an appearance in this court on behalf of any party including the United States or a governmental agency, provided that the party on whose behalf the student appears has consented thereto in writing, and that a supervising lawyer has also indicated in writing approval of that appearance.

In each case, the written consent and approval must be filed with the clerk. (2) Appearance on Briefs and Participation in Oral Argument. A law student who has entered an appearance in a case pursuant to paragraph (1) may appear on the brief, provided the Rule 46 supervising attorney also appears on the brief; may participate in oral argument, provided the supervising attorney is present in court; and may take part in other activities in connection with the case, subject to the direction of the supervising attorney. (3) Eligibility.

In order to be eligible to make an appearance pursuant to this rule, the law student must: (A) be duly enrolled in a law school accredited by the American Bar Association; (B) have completed legal studies amounting to at least 4 semesters, or the equivalent if the school is on some basis other than a semester basis; (C) be enrolled in or have passed a clinical program of an accredited law school for credit, held under the direction of a faculty member of such law school, in which a law student obtains practical experience by participating in cases and matters pending before the courts; (D) be certified by the dean of the law school as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern. (4) Students Not to Be Compensated by Parties. A law student appearing pursuant to this rule may neither ask for nor receive any compensation or remuneration of any kind for services from any party on whose behalf the services are rendered; this rule does not prevent a lawyer, legal aid bureau, law school, public defender agency, or the government from paying compensation to the eligible law student, nor does it prevent any agency from making such charges for its services as may otherwise be proper. (5) Withdrawal or Termination of Certification.

The certification of a student by the law school dean must be filed with the clerk of this court and, unless it is sooner withdrawn, will remain in effect for 18 months, or until the announcement of the results of the first bar examination following the student's graduation, whichever is earlier. For any student who passes that examination, or who is admitted to the bar without taking an examination, the certification will continue in effect until the date the student is admitted to the bar. The certification may be withdrawn by the dean at any time by mailing a notice to that effect to the student and to the clerk of this court. It is not necessary that the notice state the cause for withdrawal, unless requested by the student.

The certification may be terminated by this court at any time without notice or hearing and without any showing of cause. (6) Supervising Attorney. An attorney under whose supervision an eligible law student undertakes any activity permitted by this rule must: (A) be a member in good standing of the bar of this court; (B) assume responsibility for the quality of the student's work; (C) guide and assist the student in preparation to the extent necessary or appropriate under the circumstances. Rule 46 Rule 47.

Local Rules by Courts of Appeals (a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice. A generally applicable direction to parties or lawyers regarding practice before a court must be in a local rule rather than an internal operating procedure or standing order. A local rule must be consistent with-but not duplicative of-Acts of Congress and rules adopted under 28 U.S.C. § 2072 and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States.

Each circuit clerk must send the Administrative Office of the United States Courts a copy of each local rule and internal operating procedure when it is promulgated or amended. (2) A local rule imposing a requirement of form must not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply with the requirement. (b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the circuit.

No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement.