Defaults

(a) Appellant. When a cause is in default as to the filing of the brief for appellant or petitioner, and the appendix, if one is required, the clerk must enter an order dismissing the appeal for want of diligent prosecution. The party in default may have the appeal reinstated upon showing special circumstances justifying the failure to comply with the time limit. The motion to set aside the dismissal must be filed within fourteen days.

(b) Appellee. When a cause is in default as to the filing of the brief for appellee or respondent, the cause must be assigned to the next list and the appellee will not be heard at oral argument except by leave of the Court. (c) Local Rule 3.0. Counsel are reminded of Local Rule 3.0 providing for the dismissal of the appeal for want of diligent prosecution if the docket fee is not paid within 14 days of the filing of the notice of appeal.

88 Local Rule 45.1. The Clerk (a) Business Hours. The office of the clerk shall be open for business from 8:30 a.m. to 5:00 p.m. except Saturdays, Sundays, and legal holidays. (b) Fees and Costs.

The clerk must charge the fees and costs which are fixed from time to time by the Judicial Conference of the United States, pursuant to 28 U.S.C. § 1913. (c) Copies of Opinions. Unless subject to a standing order which might apply to classes of subscribers, such as law schools, the charge for a copy of each opinion, after one free copy to counsel for each party, is $5.00. Free copies of opinions are available on the court’s website at www.ca1.uscourts.gov.

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 89 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.