Certificate of Appealability. Consistent with FRAP 2, the court may suspend the provisions of

11th Cir. R. 22-1(c) and order proceedings in accordance with the court’s direction. * * * * 2. Oral Argument in Capital Cases. The presiding judge of the panel will notify the clerk at the appropriate time whether or not there will be oral argument in the case, and if so, the date for oral argument and the amount of oral argument time allotted to each side.

A capital case appeal will include oral argument on the merits unless the panel decides unanimously that oral argument is not needed. Cross-Reference: FRAP 27; 28 U.S.C. §§ 2244, 2254, 2255; Rules 9 and 11 of the Rules Governing Section 2254 and Section 2255 Cases in the United States District Courts. Rev.: 4/25 78 FRAP 22 FRAP 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding (a) Transfer of Custody Pending Review.

Pending review of a decision in a habeas corpus proceeding commenced before a court, justice, or judge of the United States for the release of a prisoner, the person having custody of the prisoner must not transfer custody to another unless a transfer is directed in accordance with this rule. When, upon application, a custodian shows the need for a transfer, the court, justice, or judge rendering the decision under review may authorize the transfer and substitute the successor custodian as a party. (b) Detention or Release Pending Review of Decision Not to Release. While a decision not to release a prisoner is under review, the court or judge rendering the decision, or the court of appeals, or the Supreme Court, or a judge or justice of either court, may order that the prisoner be: (1) detained in the custody from which release is sought; (2) detained in other appropriate custody; or (3) released on personal recognizance, with or without surety.

(c) Release Pending Review of Decision Ordering Release. While a decision ordering the release of a prisoner is under review, the prisoner must—unless the court or judge rendering the decision, or the court of appeals, or the Supreme Court, or a judge or justice of either court orders otherwise—be released on personal recognizance, with or without surety. (d) Modification of the Initial Order on Custody. An initial order governing the prisoner’s custody or release, including any recognizance or surety, continues in effect pending review unless for special reasons shown to the court of appeals or the Supreme Court, or to a judge or justice of either court, the order is modified or an independent order regarding custody, release, or surety is issued.

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff.

Dec. 1, 1998.) Cross-Reference: FRAP 9 Rev.: 12/10 79 FRAP 23 FRAP 24. Proceeding in Forma Pauperis (a) Leave to Proceed in Forma Pauperis. (1) Motion in the District Court.

Except as stated in Rule 24(a)(3), a party to a district- court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms, the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal. (2) Action on the Motion. If the district court grants the motion, the party may proceed on appeal without prepaying or giving security for fees and costs, unless a statute provides otherwise.

If the district court denies the motion, it must state its reasons in writing. (3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless: (A) the district court—before or after the notice of appeal is filed—certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or (B) a statute provides otherwise. (4) Notice of District Court’s Denial.

The district clerk must immediately notify the parties and the court of appeals when the district court does any of the following: (A) denies a motion to proceed on appeal in forma pauperis; (B) certifies that the appeal is not taken in good faith; or (C) finds that the party is not otherwise entitled to proceed in forma pauperis. (5) Motion in the Court of Appeals. A party may file a motion to proceed on appeal in forma pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy of the affidavit filed in the district court and the district court’s statement of reasons for its action.

If no affidavit Rev.: 12/10 80 FRAP 24 was filed in the district court, the party must include the affidavit prescribed by Rule 24(a)(1). (b) Leave to Proceed in Forma Pauperis on Appeal from the United States Tax Court or on Appeal or Review of an Administrative-Agency Proceeding. A party may file in the court of appeals a motion for leave to proceed on appeal in forma pauperis with an affidavit prescribed by Rule 24(a)(1): (1) in an appeal from the United States Tax Court; and (2) when an appeal or review of a proceeding before an administrative agency, board, commission, or officer proceeds directly in the court of appeals. (c) Leave to Use Original Record.

A party allowed to proceed on appeal in forma pauperis may request that the appeal be heard on the original record without reproducing any part. (As amended Apr. 1, 1979, eff. Aug.

1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff.

Dec. 1, 1998; Apr. 29, 2002, eff. Dec.

1, 2002; Apr. 16, 2013, eff. Dec. 1, 2013.) * * * * 11th Cir.

R. 24-1 Appeals In Forma Pauperis and Under the Criminal Justice Act. (a) To meet the requirements of the Criminal Justice Act of 1964, as amended, 18 U.S.C. § 3006A, the judicial council of this circuit has adopted a plan that supplements the various plans that have been adopted by the United States district courts of this circuit by providing for representation on appeal of parties financially unable to obtain adequate representation. The circuit’s CJA plan, and the guidelines for counsel, appear as Addendum Four to these rules. (b) If counsel was appointed for a party in the district court under the Criminal Justice Act, the party may appeal without prepaying costs and without establishing the right to proceed in forma pauperis.

18 U.S.C. § 3006A(d)(6). This policy also applies to all in forma pauperis appeals from judgments of conviction. 11th Cir. R. 24-2 Motion for Leave to Proceed on Appeal In Forma Pauperis.

A motion for leave to proceed on appeal in forma pauperis may be filed in the court of appeals within 30 days after service of notice of the action of the district court denying leave to proceed on appeal in forma pauperis. * * * * I.O.P. - Prison Litigation Reform Act. In all civil appeals by prisoners, the Prison Litigation Reform Act of 1995 (hereinafter “the Act”), 28 U.S.C. § 1915 (as amended), requires payment of the court of appeals docketing fee prescribed by the Judicial Conference of the United States in the Court of Appeals Miscellaneous Fee Schedule issued pursuant to 28 U.S.C. § 1913, plus the district court filing fee required by 28 U.S.C. § 1917, payable to the clerk of the United States District Court Rev.: 8/14 81 FRAP 24 where the prisoner/appellant filed the notice of appeal. Likewise, prior to the filing of a petition for a writ of mandamus (or other writ) the Act requires payment of the court of appeals docketing fee prescribed by the Judicial Conference of the United States in the Court of Appeals Miscellaneous Fee Schedule issued pursuant to 28 U.S.C. § 1913, payable to Clerk, U.S. Court of Appeals, Eleventh Circuit. If a prisoner is unable to pay the required fee in full at the time of filing a notice of appeal or petition for a writ, the appropriate district court (if a notice of appeal is filed) or this court (if a petition for a writ is filed) may allow the prison or other institution of confinement to pay the fee in installments from the prisoner’s account.

Rev.: 8/14 82 FRAP 24 TITLE VII.

GENERAL PROVISIONS FRAP 25.

Filing and Service (a) Filing. (1) Filing with the Clerk. A paper required or permitted to be filed in a court of appeals must be filed with the clerk. (2) Filing: Method and Timeliness.

(A) Nonelectronic Filing. (i) In General. For a paper not filed electronically, filing may be accomplished by mail addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing. (ii) A Brief or Appendix.

A brief or appendix not filed electronically is timely filed, however, if on or before the last day for filing, it is: • mailed to the clerk by first-class mail, or other class of mail that is at least as expeditious, postage prepaid; or • dispatched to a third-party commercial carrier for delivery to the clerk within 3 days. (iii) Inmate Filing. If an institution has a system designed for legal mail, an inmate confined there must use that system to receive the benefit of this Rule 25(a)(2)(A)(iii). A paper not filed electronically by an inmate is timely if it is deposited in the institution’s internal mail system on or before the last day for filing and: • • it is accompanied by: a declaration in compliance with 28 U.S.C. § 1746—or a notarized statement—setting out the date of deposit and stating that first-class postage is being prepaid; or evidence (such as a postmark or date stamp) showing that the paper was so deposited and that postage was prepaid; or the court of appeals exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies Rule 25(a)(2)(A)(iii).

(B) Electronic Filing and Signing. (i) By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic Rev.: 4/22 83 FRAP 25 filing is allowed by the court for good cause or is allowed or required by local rule. (ii) By an Unrepresented Person—When Allowed or Required.

A person not represented by an attorney: • • may file electronically only if allowed by court order or by local rule; and may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions. (iii) Signing. A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature. (iv) Same as a Written Paper.

A paper filed electronically is a written paper for purposes of these rules. (3) Filing a Motion with a Judge. If a motion requests relief that may be granted by a single judge, the judge may permit the motion to be filed with the judge; the judge must note the filing date on the motion and give it to the clerk. (4) Clerk’s Refusal of Documents.

The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice. (5) Privacy Protection. An appeal in a case whose privacy protection was governed by Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal Rule of Criminal Procedure 49.1 is governed by the same rule on appeal. In all other proceedings, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought in a criminal case.

The provisions on remote electronic access in Federal Rule of Civil Procedure 5.2(c)(1) and (2) apply in a petition for review of a benefits decision of the Railroad Retirement Board under the Railroad Retirement Act. (b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party’s counsel.

(c) Manner of Service. (1) Nonelectronic service may be any of the following: (A) personal, including delivery to a responsible person at the office of counsel; Rev.: 12/22 84 FRAP 25 (B) by mail; or (C) by third-party commercial carrier for delivery within 3 days. (2) Electronic service of a paper may be made (A) by sending it to a registered user by filing it with the court’s electronic-filing system or (B) by sending it by other electronic means that the person to be served consented to in writing. (3) When reasonable considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper with the court.

(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on filing or sending, unless the party making service is notified that the paper was not received by the party served. (d) Proof of Service. (1) A paper presented for filing must contain either of the following if it was served other than through the court’s electronic-filing system: (A) an acknowledgment of service by the person served; or (B) proof of service consisting of a statement by the person who made service certifying: (i) the date and manner of service; (ii) the names of the persons served; and (iii) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service.

(2) When a brief or appendix is filed by mailing or dispatch in accordance with Rule 25(a)(2)(A)(ii), the proof of service must also state the date and manner by which the document was mailed or dispatched to the clerk. (3) Proof of service may appear on or be affixed to the papers filed. (e) Number of Copies. When these rules require the filing or furnishing of a number of copies, a court may require a different number by local rule or by order in a particular case.

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff.

Dec. 1, 1991; Apr. 22, 1993, eff. Dec.

1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr.

23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff.

Dec. 1, 1998; Apr. 29, 2002, eff. Dec.

1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007; Mar.

26, 2009, Rev: 12/22 85 FRAP 25 eff. Dec. 1, 2009; Apr. 28, 2016, eff.

Dec. 1, 2016; Apr. 26, 2018, eff. Dec.

1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019; Apr.

11, 2022, eff. Dec. 1, 2022.) * * * * 11th Cir.

R. 25-1 Filings from Party Represented by Counsel.

When a party is represented by counsel, the clerk may not accept filings from the party. 11th Cir.

R. 25-2 Filing of Papers Transmitted by Alternate Means.

The clerk may specially authorize the filing of papers transmitted by alternate means in emergencies and for other compelling circumstances. In such cases, signed originals must thereafter also be furnished by conventional means. Provided that the clerk had given prior authorization for transmission by alternate means and the papers conform to the requirements of FRAP and circuit rules, the signed originals will be filed nunc pro tunc to the receipt date of the papers transmitted by alternate means. The court may act upon the papers transmitted by alternate means prior to receipt of the signed originals.

11th Cir.

R. 25-3 Electronic Case Files (ECF) System.

(a) Definitions. The following definitions apply in the circuit rules. (1) Document means any order, opinion, judgment, petition, application, notice, transcript, motion, brief, or other filing in a case. (2) ECF (Electronic Case Files) means the system maintained by the court for receiving and storing documents in electronic format.

(3) ECF Filer means an attorney or non-incarcerated pro se party who has registered and is therefore authorized to file documents electronically and to receive service through the ECF system. (4) NDA (Notice of Docket Activity) is a notice generated automatically by the ECF system at the time a document is filed and a docket entry results. This notice sets forth the date of filing, the text of the docket entry, and the names of the attorneys or pro se parties required to receive notice of the filing. If a PDF document is attached to the docket entry, the NDA will also identify the person filing the document and the type of document, and will contain a hyperlink to the filed document.

Any document filed by the court will similarly list those to whom electronic notice of the filing is being sent. (5) PACER (Public Access to Court Electronic Records) is an electronic system that allows internet users to view, print, and download electronically maintained docket information and federal court documents. (6) PDF (Portable Document Format) means a non-modifiable electronic file containing the “.pdf” file extension. Text-Searchable PDF means a PDF file generated from an original word-processing file rather than scanned.

(b) Electronic Filing by Attorneys. Except as otherwise required by circuit rule or court order, all counsel of record must file documents electronically using the ECF system. Upon motion and Rev: 12/22 86 FRAP 25 a showing of good cause, the court may exempt an attorney from the electronic filing requirements and authorize filing and service by means other than the use of the ECF system. The motion, which need not be filed or served electronically, must be filed at least 14 days before the brief, petition, or other document is due.

Also see 11th Cir. Rules 30-3 and 31-5. (c) Electronic Filing by Non-Incarcerated Pro Se Parties. Non-incarcerated pro se parties are permitted to use the court’s ECF system.

However, once a non-incarcerated pro se party has registered to use the ECF system, such party is required to do so unless the court grants the party’s request to not use the system or revokes the party’s permission upon a finding that the party has abused the privilege of using the ECF system. (d) Registration and Passwords. To register as a user of the ECF system, an attorney or pro se party must submit to the PACER Service Center a completed ECF Registration form. An attorney must be a member of the Eleventh Circuit bar, admitted for a particular proceeding under 11th Cir.

R. 46-3, admitted pro hac vice in a particular case, or appearing in a particular case as a pro se party. In addition to ECF registration, the attorney, the attorney’s firm, or the pro se party must have a PACER account and an e-mail address. The log-in and password for ECF access will be used to file documents electronically with the court. Upon receipt of the attorney or pro se party’s registration information from the PACER Service Center, the clerk will determine eligibility and activate the ECF Filer’s account.

If a log-in and/or password should become compromised, the ECF Filer is responsible for notifying the PACER Service Center. An ECF Filer whose e-mail address, mailing address, telephone number, or fax number changes from that disclosed on the filer’s original ECF Registration form must promptly notify the PACER Service Center. (e) Electronic Filing. Documents must be filed and served electronically in accordance with these rules.

Information and training materials related to electronic filing are available at www.ca11.uscourts.gov. Authorized use of an ECF Filer’s log-in and password by another is deemed to be the act of the ECF Filer. Later modification of a filed document or docket entry by the ECF Filer is not permitted except as authorized by the court. The clerk may edit the docket entry to correct or supplement the text.

A notation will be made indicating the entry was edited. When a correction to an electronically filed document (e.g., motion, brief, or appendix) is necessary, the ECF Filer must upload the entire new document, and not just the corrected pages. All electronically filed documents must be in PDF form and must conform to all technical and format requirements established by the court and, if any, the Judicial Conference of the United States. Whenever possible, documents must be in Text-Searchable PDF and not created by scanning.

The maximum size of a document that may be filed electronically is 50 MB (megabytes). If a document exceeds 50 MB, it must be filed in separate volumes, each not to exceed 50 MB. In accordance with FRAP 25(a)(5) and 11th Cir. R. 25-5, an ECF Filer must redact all documents, including briefs, consistent with the privacy policy of the Judicial Conference of the United States.

Remote electronic access to dockets in immigration, Social Security, and Railroad Retirement Act cases is limited. See FRAP 25(a)(5) and 11th Cir.

R. 25-5.

In this regard, remote electronic public access to the full record in these cases is restricted to judges, court staff, and the Rev.: 12/22 87 FRAP 25 parties and attorneys in the appeal or agency proceeding. Access to orders and opinions is not restricted in these cases. Parties seeking to restrict access to orders and opinions must file a motion explaining why that relief is required in a given case. (f) Service.

Registration to use the ECF system constitutes consent to receive electronic service of all documents as provided by the Federal Rules of Appellate Procedure and the circuit rules, as well as to receive electronic notice of correspondence, orders, and opinions issued by the court. The notice generated and e-mailed by the ECF system constitutes service of all electronically filed documents on attorneys and pro se parties registered to use the ECF system. Independent service, either by paper or otherwise, need not be made on those attorneys or parties and no certificate of service is required. Incarcerated pro se litigants, non-incarcerated pro se litigants who are not registered to file electronically or whose permission to file electronically has been revoked, and attorneys who are exempt from electronic filing must be served by the filing party through the conventional means of service set forth in FRAP 25 and a certificate of service is required.

(g) Documents Exempted from Electronic Filing. Unless otherwise directed by the court, the following documents must not be filed through the ECF system: (1) any document filed by an incarcerated party who is not represented by counsel; (2) a document filed under seal or requested to be filed under seal; (3) a document classified as a highly sensitive document; (4) any documents pertaining to a request for authorization, a claim for compensation, or a claim for reimbursement of expenses under the Criminal Justice Act and Addendum Four that are not otherwise appropriate for submission through the eVoucher system; and (5) a voucher and associated documents pertaining to a claim for reimbursement of expenses under Addendum Five. (h) Documents Under Seal. Documents filed under seal in the court from which an appeal is taken will continue to be filed under seal on appeal to this court.

ECF filers seeking to file a brief, motion, or other pleading under seal must electronically file on the public docket a motion to seal the pleading and a redacted version of the pleading and must separately file the unredacted version of the pleading using the appropriate sealed docket event as listed on the ECF system. For ECF filers who are filing an appendix containing documents filed under seal in the court from which an appeal is taken, a motion to seal the portions of the appendix containing sealed documents is not required; the sealed documents must be included as a separate volume of the appendix filed using the appropriate sealed docket event. (i) Filing Deadlines. An electronically filed document is deemed filed upon completion of the transmission and issuance of an NDA.

The uploading of an incorrect document, or the filing of a document in the wrong case, does not constitute compliance with filing deadlines. In the event an ECF Filer uploads an incorrect document, or files a document in the wrong case, the clerk will send the ECF Filer notice of the error. If the ECF Filer corrects the error within 5 days of the clerk’s notice, a motion to file the document out of time is not required. Otherwise, the ECF Filer must also electronically file in the case a motion to file the document out of time.

An ECF Filer whose filing is untimely as the result of a technical failure may seek appropriate relief from the court. Technical issues such as log-in and password questions, and creating and uploading PDF documents, should be directed to the PACER Service Center help desk. Procedural questions concerning how to docket a specific event should be directed to the Eleventh Circuit ECF Rev.: 4/25 88 FRAP 25 help desk. This includes any instance in which an ECF Filer has transmitted a document to the ECF system and did not thereafter receive an NDA.

(j) Electronic Filing and Service by the Clerk. The electronic filing of any document by the clerk of court or a deputy clerk by use of that individual’s log-in and password shall be deemed the filing of a signed original document for all purposes. Service by the clerk on an obsolete e-mail address will constitute valid service on an ECF Filer if the filer has failed to notify the PACER Service Center of a new e-mail address. (k) Entry on the Docket and Official Court Record.

The electronic transmission of a document, together with transmission of the NDA from the court, constitutes the filing of the document under the Federal Rules of Appellate Procedure and constitutes the entry of that document onto the official docket of the court maintained by the clerk pursuant to FRAP 45(b)(1). The electronic version of filed documents, whether filed electronically in the first instance or received by the clerk in paper or other format and subsequently scanned or converted into electronic format, constitutes the official record in the case. When the clerk scans a paper document into the ECF system, the clerk will discard the paper document once it has been scanned and made a part of the official record, unless the electronic file thereby produced is incomplete or of questionable quality. A document submitted electronically is deemed to have been filed on the date indicated in the system-generated NDA.

Except as otherwise provided by circuit rule or court order, all orders, opinions, judgments, and other court-issued documents in cases maintained in the ECF system are filed in accordance with the circuit rules, which constitutes entry on the docket kept by the clerk, and are served on ECF Filers electronically. Any order 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 of the document. 11th Cir.

R. 25-4 Information and Signature Required.

All documents filed, including motions and briefs, must contain the name, office address, and telephone number of an attorney or a party proceeding pro se, and be signed by an attorney or by a party proceeding pro se. Inmate filings must be signed by the inmate and should contain name, prisoner number, institution, and address. Signatures for ECF Filers are governed by FRAP 25(a)(2)(B)(iii). The ECF Filer of any electronically filed document containing multiple signatures must include each person’s name on a signature block.

By submitting such a document, the ECF Filer certifies that each of the other filers has expressly agreed to the form and substance of the document, and that the ECF Filer has their authority to submit the document electronically. 11th Cir.

R. 25-5 Maintaining Privacy of Personal Data.

In order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all pleadings filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court. a. Social Security numbers and Taxpayer Identification numbers. If an individual’s social security number or taxpayer identification number must be included in a pleading, only the last four digits of that number should be used. Rev.: 4/22 89 FRAP 25 b. Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.

For purposes of this rule, a minor child is any person under the age of eighteen years, unless otherwise provided by statute or court order. c. Dates of birth. If an individual’s date of birth must be included in a pleading, only the year should be used. d. Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used. e. Home addresses. If a home address must be included, only the city and state should be used.

Subject to the exemptions from the redaction requirement contained in the Federal Rules of Civil, Criminal, and Bankruptcy Procedure, as made applicable to the courts of appeals through FRAP 25(a)(5), a party filing a document containing the personal data identifiers listed above shall file a redacted document for the public file and either: (1) a reference list under seal. The reference list shall contain the complete personal data identifier and the redacted identifier used in its place in the redacted filing. All references in the filing to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifiers. The reference list must be filed under seal, may be amended as of right, and shall be retained by the court as part of the record.

A motion to file the reference list under seal is not required. Or (2) an unredacted document under seal, along with a motion to file the unredacted document under seal specifying the type of personal data identifier included in the document and why the party believes that including it in the document is necessary or relevant. If permitted to be filed, both the redacted and unredacted documents shall be retained by the court as part of the record. The responsibility for redacting these personal data identifiers rests solely with counsel and the parties.

The clerk will not review each pleading for compliance with this rule. A person waives the protection of this rule as to the person’s own information by filing it without redaction and not under seal. Consistent with FRAP 25(a)(5), remote electronic public access is not provided to pleadings filed with the court in Social Security appeals, immigration cases, and Railroad Retirement Act cases. Therefore, parties in such cases are exempt from the requirements of this rule.

In addition to the foregoing, a party should exercise caution when filing a document that contains any of the following information. A party filing a redacted document that contains any of the following information must comply with the rules for filing an unredacted document as described in numbered paragraph (2) above. • Personal identifying number, such as driver’s license number; • medical records, treatment and diagnosis; • employment history; Rev.: 12/22 90 FRAP 25 • individual financial information; • proprietary or trade secret information; • information regarding an individual’s cooperation with the government; • national security information; • sensitive security information as described in 49 U.S.C. § 114(s). 11th Cir. R. 25-6 Court Action with Respect to Impermissible Language or Information in Filings.

(a) When any paper filed with the court, including motions and briefs, contains: (1) ad hominem or defamatory language; or (2) information the public disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or (3) information the public disclosure of which would violate legally protected interests, the court on motion of a party or on its own motion, may without prior notice take appropriate action. (b) The appropriate action the court may take in the circumstances described above includes ordering that: the document be sealed; specified language or information be stricken from the document; the document be struck from the record; the clerk be directed to remove the document from electronic public access; the party who filed the document either explain why including the specified language or disclosing the specified information in the document is relevant, necessary, and appropriate or file a redacted or replacement document. (c) When the court takes such action under this rule without prior notice, the party may within 14 days from the date the court order is issued file a motion to restore language or information stricken or removed from the document or file the document without redaction, setting forth with particularity any reasons why the action taken by the court was unwarranted. The timely filing of such motion will postpone the due date for filing any redacted or replacement document until the court rules on the motion.

11th Cir.

R. 25-7 Obligation to Notify Court of Change of Addresses.

Each pro se party and attorney exempt from electronic filing requirements has a continuing obligation to notify this court of any changes to the party’s or attorney’s mailing address and e-mail address, if any, during the pendency of the case in which the party or attorney is participating. Every attorney registered to use the ECF system has a continuing obligation to notify the PACER Service Center of any changes to the attorney’s e-mail address, mailing address, telephone number, and fax number. The transmission of court documents to a previous address is effective if the pro se party or attorney has failed to comply with this rule. Rev.: 8/18 * * * * 91 FRAP 25 I.O.P. - 1.

Timely Filing of Papers. Except as otherwise provided by FRAP 25(a) for inmate filings and for briefs and appendices, all other papers, including petitions for rehearing, shall not be timely unless they are actually received in the clerk’s office within the time fixed for filing. 2. Acknowledgment of Filings.

The clerk will acknowledge paper filings if a stamped self-addressed envelope is provided. 3. Filing with the Clerk. The clerk’s office in Atlanta is the proper place for the filing of all court documents that are exempt from electronic filing.

It is open for business from 8:30 a.m. until 5:00 p.m., Eastern time, Monday through Friday (except legal holidays). Staff is available during these hours to receive filings and to respond to over-the-counter and telephone inquiries. Outside of normal business hours, an emergency telephone message system is available through which a deputy clerk may be reached by dialing the main clerk’s office telephone number and following recorded instructions. 4.

Papers Sent Directly to Judges’ Chambers. When an attorney or party sends papers related to a pending appeal directly to a judge’s chambers without having received prior approval from the court to do so, the judge shall forward the papers to the clerk for appropriate processing. The clerk will advise the attorney or party that the papers have been received by the clerk, and that the clerk’s office in Atlanta is the proper place for the filing of appellate papers. Cross-Reference: FRAP 26, 45, “E-Government Act of 2002,” Pub.

L. No. 107-347 Cross-Reference for 11th Cir.

R. 25-6(a)(2): See 5 U.S.C. § 552b(c)(6) [personal privacy exception to the Freedom of Information Act] Rev.: 6/25 92 FRAP 25 FRAP 26. Computing and Extending Time (a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit.

When the period is stated in days or a longer unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. (3) Inaccessibility of the Clerk’s Office.

Unless the court orders otherwise, if the clerk’s office is inaccessible: (A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or (B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday. (4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing in the district court, at midnight in the court’s time zone; Rev.: 12/23 93 FRAP 26 (B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s principal office; (C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 25(a)(2)(A)(iii)—and filing by mail under Rule 13(a)(2)—at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and (D) for filing by other means, when the clerk’s office is scheduled to close. (5) “Next Day” Defined.

The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) “Legal Holiday” Defined. “Legal holiday” means: (A) the day set aside by statute for observing 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, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk’s principal office. (b) Extending Time.

For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file: (1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or (2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law. (c) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served, and the paper is not served electronically on the party or delivered to the party on the date stated in the proof of service, 3 days are added after the period would otherwise expire under Rule 26(a).

(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff.

July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr.

30, 1991, eff. Dec. 1, 1991; Apr. 23, 1996, eff.

Dec. 1, 1996; Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr.

25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, Rev.: 12/23 94 FRAP 26 eff.

Dec. 1, 2009; Apr. 28, 2016, eff. Dec.

1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018; Apr.

25, 2019, eff. Dec. 1, 2019; Apr. 24, 2023, eff.

Dec. 1, 2023.) * * * * 11th Cir.

R. 26-1 Motion for Extension of Time.

A motion for extension of time made pursuant to FRAP 26(b) shall contain a statement that movant’s counsel has consulted opposing counsel and that either opposing counsel has no objection to the relief sought, or will or will not promptly file an objection. In criminal appeals, counsel must state whether the party they represent is incarcerated. I.O.P. - * * * * 1. Extensions of Time.

The court expects the timely filing of all papers within the period of time allowed by the rules, without granting extensions of time. Requests for extensions of time to file the brief or appendix are governed by 11th Cir.

R. 31-2.

Failure to timely file required documents may cause the appeal to be dismissed for want of prosecution, under the provisions of 11th Cir. R. 42-1, 42-2, or 42-3, or may result in possible disciplinary action against counsel as described in Addendum Eight, or both. 2. Inaccessibility of Clerk’s Office.

The court, by order of the chief judge, may determine that inclement weather or other extraordinary conditions have made the clerk’s office inaccessible. If such a determination is made, any filings due to be made on such a day will automatically be processed as timely if received on the day that the clerk’s office reopens for business. Counsel need not make any special application or request for such treatment. Further, parties and their counsel should note that ordinarily local conditions at the place from which filings are sent do not trigger the additional time for filing provisions of FRAP 26(a) except upon application to the clerk and order of court.

Cross-Reference: FRAP 25, 27, 31, 42, 45 Rev.: 12/23 95 FRAP 26 FRAP 26.1. Disclosure Statement (a) Nongovernmental Corporations. Any nongovernmental corporation that is a party to a proceeding in a court of appeals must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene.

(b) Organizational Victims in Criminal Cases. In a criminal case, unless the government shows good cause, it must file a statement that identifies any organizational victim of the alleged criminal activity. If the organizational victim is a corporation, the statement must also disclose the information required by Rule 26.1(a) to the extent it can be obtained through due diligence. (c) Bankruptcy Cases.

In a bankruptcy case, the debtor, the trustee, or, if neither is a party, the appellant must file a statement that: (1) identifies each debtor not named in the caption; and (2) for each debtor that is a corporation, discloses the information required by Rule 26.1(a). (d) Time for Filing; Supplemental Filing. The Rule 26.1 statement must: (1) be filed with the principal brief or upon filing a motion, response, petition, or answer in the court of appeals, whichever occurs first, unless a local rule requires earlier filing; (2) be included before the table of contents in the principal brief; and (3) be supplemented whenever the information required under Rule 26.1 changes. (e) Number of Copies.

If the Rule 26.1 statement is filed before the principal brief, or if a supplemental statement is filed, an original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case. (As added Apr. 25, 1989, eff. Dec.

1, 1989; amended April 30, 1991, eff. Dec. 1, 1991; Apr. 29, 1994, eff.

Dec. 1, 1994; Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr.

25, 2019, eff. Dec. 1, 2019.) * * * * Rev.: 12/19 96 FRAP 26.1 11th Cir. R. 26.1-1 Certificate of Interested Persons and Corporate Disclosure Statement (CIP): Filing Requirements.

(a) Paper or E-Filed CIPs. (1) For appeals, all appellants and petitioners must file a CIP within 14 days after the date the appeal is docketed in this court, or at the same time the party submits its first filing, whichever is earlier. (2) Also, for appeals, all appellees, intervenors, respondents, and all other parties to the appeal must file a CIP within 28 days after the date the appeal is docketed in this court, or at the same time the party submits its first filing, whichever is earlier, regardless of whether appellants and petitioners have filed a CIP. If appellants and petitioners have already filed a CIP, appellees, intervenors, respondents, and all other parties may file a notice either indicating that the CIP is correct and complete, or adding any interested persons or entities omitted from the CIP.

(3) For petitions that initiate a proceeding in this court, the petitioner must file a CIP at the same time it files the petition, and the respondent must file a CIP at the same time it files an answer or submits its first filing, whichever is earlier. (4) Every amicus curiae must include a CIP in every motion and brief filed. (b) Web-based CIP. On the same day any filer represented by counsel first files its paper or e-filed CIP, that filer must also complete the court’s web-based CIP at www.ca11.uscourts.gov.

At the website, counsel for filers will log into the web-based CIP where they will enter stock (“ticker”) symbol information for publicly traded corporations to be used by the court in electronically checking for recusals. If there is no publicly traded corporation involved, and thus no stock ticker symbol to enter, the filer still must complete the web-based CIP by entering “nothing to declare.” Failure to complete the web-based CIP will delay processing of the motion, case, or appeal, and may result in other sanctions under 11th Cir.

R. 26.1-5(c).

The e-filing of a CIP by an attorney registered to use the ECF system does not relieve that attorney of the requirement to complete and keep updated the web-based CIP. Pro se filers (except attorneys appearing in particular cases as pro se parties) are not required or authorized to complete the web-based CIP. 11th Cir.

R. 26.1-2 CIP: Contents.

A CIP must contain a complete list of all trial judges, attorneys, persons, associations of persons, firms, partnerships, or corporations that have an interest in the outcome of the particular case or appeal, including subsidiaries, conglomerates, affiliates, parent corporations, any publicly held corporation that owns 10% or more of the party’s stock, and other identifiable legal entities related to a party. In criminal and criminal-related appeals, the CIP must also disclose the identity of any victims. In bankruptcy appeals, the CIP must also identify each debtor, the members of the creditor’s Rev.: 12/25 97 FRAP 26.1 committee, any entity which is an active participant in the proceedings, and other entities whose stock or equity value may be substantially affected by the outcome of the proceedings. 11th Cir.

R. 26.1-3 CIP: Form.

(a) The CIP must list persons (last name first) and entities in alphabetical order, have only one column, and be double-spaced. (b) A corporate entity must be identified by its full corporate name as registered with a secretary of state’s office and, if its stock is publicly listed, its stock (“ticker”) symbol must be provided after the corporate name. If no publicly traded company or corporation has an interest in the outcome of the case or appeal, a statement certifying to that effect must be included at the end of the CIP and must be entered into the web-based CIP. (c) At the top of each page, the court of appeals docket number and short style must be noted (name of first-listed plaintiff or petitioner v. name of first-listed defendant or respondent).

Each page of the CIP must be separately sequentially numbered to indicate the total number of pages comprising the CIP (e.g., C-1 of 3, C-2 of 3, C-3 of 3). These pages do not count against any length limitations imposed on the papers filed. (d) When being included in a document, the CIP must immediately follow the cover page within a brief, and must precede the text in a petition, answer, motion, response, or reply. 11th Cir.

R. 26.1-4 CIP: Amendments.

Every filer is required to notify the court immediately of any additions, deletions, corrections, or other changes that should be made to its CIP. A filer must do so by filing an amended CIP with the court. A filer: (cid:67) must prominently indicate on the amended CIP the fact that the CIP has been amended; (cid:67) must clearly identify the person or entity that has been added, deleted, corrected, or otherwise changed; and (cid:67) if represented by counsel, must update the web-based CIP to reflect the amendments on the same day the amended CIP is filed. If an amended CIP that deletes a person or entity is filed, every other party must, within five days after the filing of the amended CIP, file a notice indicating whether or not it agrees that the deletion is proper.

11th Cir. R. 26.1-5 Failure to Submit a CIP or Complete the Web-based CIP. (a) The court will not act upon any papers, including emergency filings, until the CIP is filed and the web-based CIP is completed, except to prevent manifest injustice. (b) The clerk is not authorized to submit to the court any brief, petition, answer, motion, response, or reply in a case or appeal where the CIP has not been filed or the web-based CIP has not Rev.: 12/25 98 FRAP 26.1 been completed, but may receive and retain the papers pending the filing of the CIP or completion of the web-based CIP.

(c) The failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), no action being taken on filings, or other sanctions on counsel, the party, or both. Cross-Reference: FRAP 5, 5.1, 21, 27, 28, 29 Rev.: 12/25 99 FRAP 26.1 FRAP 27.

Motions (a) In General. (1) Application for Relief. An application for an order or other relief is made by motion unless these rules prescribe another form. A motion must be in writing unless the court permits otherwise.

(2) Contents of a Motion. (A) Grounds and relief sought. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it. (B) Accompanying documents.

(i) Any affidavit or other paper necessary to support a motion must be served and filed with the motion. (ii) An affidavit must contain only factual information, not legal argument. (iii) A motion seeking substantive relief must include a copy of the trial court’s opinion or agency’s decision as a separate exhibit. (C) Documents barred or not required.

(i) A separate brief supporting or responding to a motion must not be filed. (ii) A notice of motion is not required. (iii) A proposed order is not required. (3) Response.

(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

(B) Request for affirmative relief. A response may include a motion for affirmative relief. The time to respond to the new motion, and to reply to that response, are governed by Rule 27(a)(3)(A) and (a)(4). The title of the response must alert the court to the request for relief.

Rev.: 8/24 100 FRAP 27 (4) Reply to Response. Any reply to a response must be filed within 7 days after service of the response. A reply must not present matters that do not relate to the response. (b) Disposition of a Motion for a Procedural Order.

The court may act on a motion for a procedural order—including a motion under Rule 26(b)—at any time without awaiting a response, and may, by rule or by order in a particular case, authorize its clerk to act on specified types of procedural motions. A party adversely affected by the court’s, or the clerk’s, action may file a motion to reconsider, vacate, or modify that action. Timely opposition filed after the motion is granted in whole or in part does not constitute a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must be filed. (c) Power of a Single Judge to Entertain a Motion.

A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge. (d) Form of Papers; Length Limits; Number of Copies.

(1) Format. (A) Reproduction. A motion, response, or reply may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed.

Only one side of the paper may be used. (B) Cover. A cover is not required, but there must be a caption that includes the case number, the name of the court, the title of the case, and a brief descriptive title indicating the purpose of the motion and identifying the party or parties for whom it is filed. If a cover is used, it must be white.

(C) Binding. The document must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. (D) Paper size, line spacing, and margins. The document must be on 8½ by 11 inch paper.

The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single- spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.

(E) Typeface and type styles. The document must comply with the typeface requirements of Rule 32(a)(5) and the type-style requirements of Rule 32(a)(6). (2) Length Limits. Except by the court’s permission, and excluding the accompanying documents authorized by Rule 27(a)(2)(B): Rev.: 8/24 101 FRAP 27 (A) a motion or response to a motion produced using a computer must not exceed 5,200 words; (B) a handwritten or typewritten motion or response to a motion must not exceed 20 pages; (C) a reply produced using a computer must not exceed 2,600 words; and (D) a handwritten or typewritten reply to a response must not exceed 10 pages.

(3) Number of Copies. An original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case. (e) Oral Argument. A motion will be decided without oral argument unless the court orders otherwise.

(As amended Apr. 25, 1989, eff. Dec. 1, 1989; Apr.

29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff.

Dec. 1, 1998; Apr. 29, 2002, eff. Dec.

1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar.

26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff.

Dec. 1, 2016.) * * * * 11th Cir.

R. 27-1 Motions.

(a) Form and Other Requirements. (1) When a motion is filed in paper, only the original motion and supporting papers must be filed. No additional copies are required. (2) A motion filed in paper must contain proof of service on all parties if required by FRAP 25(d), and should ordinarily be served on other parties by means which are as equally expeditious as those used to file the motion with the court.

(3) A motion shall be accompanied by, and the opposing party shall be served with, supporting documentation required by FRAP 27, including relevant materials from previous judicial or administrative proceedings in the case or appeal. A party moving for a stay must include a copy of the judgment or order from which relief is sought and any opinion and findings of the district court. (4) In addition to matters required by FRAP 27, a motion shall contain a brief recitation of prior actions of this or any other court or judge to which the motion, or a substantially similar or related application for relief, has been made. (5) A motion for extension of time made pursuant to FRAP 26(b) shall, and other motions where appropriate may, contain a statement that movant’s counsel has consulted opposing counsel and that either opposing counsel has no objection to the relief sought, or will or will not promptly file an objection.

Rev.: 8/24 102 FRAP 27 (6) In criminal appeals, counsel must state whether the party they represent is incarcerated. (7) Unless an appellant is represented by another attorney, a motion to withdraw as counsel for the appellant in a criminal or civil appeal stays the deadline to file all required documents, including motions to proceed in forma pauperis, Transcript Order Forms, Certificates of Interested Persons and Corporate Disclosure Statements, and Civil Appeal Statements, until the court rules on the motion to withdraw. See also 11th Cir. R. 31-1(b) (stating in part that a motion for appointment or withdrawal of counsel stays briefing deadlines).

This subsection shall apply to a motion to withdraw as counsel filed either in the district court or in the court of appeals. If a motion to withdraw as counsel is filed in the district court after an appeal has been docketed, the counsel who files such motion shall notify the clerk of the court of appeals within 7 days. This subsection does not stay the deadline to file a notice of appeal. This subsection does not apply to motions to withdraw under Anders v. California.

See 11th Cir.

R. 27-1(a)(9).

(8) Both retained and appointed counsel who seek leave to withdraw from or to dismiss a criminal appeal must recite in the motion that the party they represent has been informed of the motion and either approves or disapproves of the relief sought and show service of the motion on the party they represent. (9) Appointed counsel who seek leave to withdraw from representation in a criminal appeal must follow procedures set forth by the Supreme Court in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). It is counsel’s responsibility to ensure that the record contains transcripts of relevant proceedings in the case, including pre-trial proceedings, trial proceedings (including opening and closing arguments and jury instructions), and sentencing proceedings.

Counsel’s brief in support of a motion to withdraw under Anders must contain: (1) a certificate of service indicating that the brief has been served on the party represented as well as on the other parties to the appeal; and (2) a statement certifying that counsel has informed the party represented that he or she has 30 days to file a response to the motion to withdraw with the court. (10) A motion must comply with the typeface and type style requirements of FRAP 32(a)(5) and 32(a)(6). (11) A motion must comply with the requirement for references to the record found at 11th Cir.

R. 28-5.

(b) Emergency Motions. (1) Except in capital cases in which execution has been scheduled, a motion will be treated as an emergency motion only when both of the following conditions are present: 1. The motion will be moot unless a ruling is obtained within seven days; and 2. If the matter sought to be reviewed is a district court order or action, the motion is being filed within seven days of the filing of the district court order or action.

Motions that do not meet these two conditions but in which a ruling is required by a date certain may be treated as “time sensitive” motions. Rev.: 12/25 103 FRAP 27 (2) A party requesting emergency action shall label the motion as “Emergency Motion” and state the nature of the emergency. If a motion requests relief by a date certain to avoid irreparable harm, the motion must specify that date in bold on the caption page, and the motion must explain the basis for the requested ruling date as well as why the motion was not filed earlier. The motion must also state the reasons for grant