Form 1B. Notice of Appeal to a Court of Appeals From an Appealable Order of a District Court

104 Form 2. Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court 105 Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court or Internal Operating Procedure III. Internal Operating Procedure X. Petitions for Panel Rehearing and Petitions for Hearing or Internal Operating Procedure XII.

Notification of Changes or Notifications of the Court's Local 3 Judges of the Court Hon. David J. Barron, Chief Judge Hon. Gustavo A. Gelpí, Jr., Circuit Judge Hon. Lara E. Montecalvo, Circuit Judge Hon. Julie Rikelman, Circuit Judge Hon. Seth R. Aframe, Circuit Judge Hon. Joshua D. Dunlap, Circuit Judge Hon. Sandra L. Lynch, Senior Circuit Judge Hon. Kermit V. Lipez, Senior Circuit Judge Hon. Jeffrey R. Howard, Senior Circuit Judge Hon. O. Rogeriee Thompson, Senior Circuit Judge Hon. William J. Kayatta, Jr., Senior Circuit Judge Hon. Ketanji Brown Jackson, Circuit Justice Officers of the Court Anastasia Dubrovsky, Clerk of Court Susan Goldberg, Circuit Executive George P. Taoultsides, Circuit Librarian Jane Willoughby, Senior Staff Attorney Advisory Committee on Rules Roberto Prats Palerm, Chair Kaitlin Caruso Dan Deane Christine DeMaso Mark Fleming Krystle Guillory Tadese Nilda M. Navarro-Cabrer David J. Zimmer Lauren S. Zurier 4 Court of Appeals Miscellaneous Fee Schedule (Issued in accordance with 28 U.S.C. § 1913) Effective December 1, 2023 The fees included in the Court of Appeals Miscellaneous Fee Schedule are to be charged for services provided by the courts of appeals, including relevant services provided by the bankruptcy appellate panels established under 28 U.S. C. § 158(b)(1). • The United States should not be charged fees under this schedule, except as prescribed in Items 2, 4, and 5 when the information requested is available through remote electronic access. • Federal agencies or programs that are funded from judiciary appropriations (agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy administrators) should not be charged any fees under this schedule. (1) For docketing a case on appeal or review, or docketing any other proceeding, $600. • Each party filing a notice of appeal pays a separate fee to the district court, but parties filing a joint notice of appeal pay only one fee. • There is no docketing fee for an application for an interlocutory appeal under 28 U.S.C. § 1292(b) or other petition for permission to appeal under Fed. R. App. P. 5, unless the appeal is allowed. • There is no docketing fee for a direct bankruptcy appeal or a direct bankruptcy cross appeal, when the fee has been collected by the bankruptcy court in accordance with item 14 of the Bankruptcy Court Miscellaneous Fee Schedule. • This fee is collected in addition to the statutory fee of $5 that is collected under 28 U.S.C. § 1917. [Upon filing a notice of appeal in the district court, appellant shall pay the clerk of the district court a fee of $605, which includes the $5 statutory filing fee for the notice of appeal, and a $600 fee for docketing the appeal in this court. Upon filing a petition for review of an agency order or a petition for writ of mandamus, petitioner shall pay the $600 docketing fee, payable to the Clerk, U.S. Court of Appeals.] (2) For conducting a search of the court of appeals or bankruptcy appellate panel records, $34 per name or item searched. This fee applies to services rendered on behalf of the United States if the information requested is available through remote electronic access.

(3) For certification of any document, $12. For the issuance of an apostille, $50. (4) (a) For reproducing any document and providing a copy in paper form, $.50 per page. This fee applies to services rendered on behalf of the United States if the document requested is available through remote electronic access.

5 (b) For reproducing and transmitting in any manner a copy of an electronic record stored outside of the court's electronic case management system, including but not limited to, document files, audio and video recordings (other than a recording of a court proceeding), $33 per record provided. (5) For reproducing recordings of proceedings, regardless of the medium, $34, including the cost of materials. This fee applies to services rendered on behalf of the United States if the recording is available through remote electronic access. (6) For reproducing the record in any appeal in which the court of appeals does not require an appendix pursuant to Fed. R. App. P.30(f), (or, in appeals before a bankruptcy appellate panel, pursuant to Fed. R. Bankr. P. 8018(e , $94.

(7) For retrieval of one box of records from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court, $70. For retrievals involving multiple boxes, $43 for each additional box. For electronic retrievals, $11 plus any charges assessed by the Federal Records Center, National Archives, or other storage location removed from the place of business of the courts. (8) For any payment returned or denied for insufficient funds, or reversed due to a chargeback, $53.

(9) For copies of opinions, a fee commensurate with the cost of printing, as fixed by each court of appeal. [Opinions may be purchased from the clerk of the court of appeals at a cost of $5 per opinion. Opinions in electronic form are available free of charge from the court's website, http://www.ca1.uscourts.gov.] (10) For copies of the local rules of court, a fee commensurate with the cost of distributing the copies. The court may also distribute copies of the local rules without charge. (11) For filing: • Any separate or joint notice of appeal or application for appeal from the bankruptcy appellate panel, $5. • A notice of the allowance of an appeal from the bankruptcy appellate panel, $5.

(12) For counsel’s requested use of the court’s videoconferencing equipment in connection with each oral argument, the court may charge and collect a fee of $200 per remote location. (13) For original admission of an attorney to practice, including a certificate of admission, $199. For a duplicate certificate of admission or certificate of good standing, $21. [The First Circuit collects a local attorney admission fee of $50.00 in addition to the national attorney admission fee of $199.00 imposed by this fee schedule pursuant to 28 U.S.C. § 1913. See 1st Cir.

R. 46.0(a)(1).

Absent a waiver, the payment of the combined fee of $249.00 must be paid electronically using the court's Case Management/Electronic Case Files ("CM/ECF") system.] 6 Notice to Litigants To assist litigants in preparing documents that conform to the Federal Rules of Appellate Procedure [Fed. R. App. P.] and the Local Rules of this Court [1st Cir. R.], the Clerk's Office has compiled a list of common, but easily avoidable, errors that often delay the processing of cases and may result in the striking or returning for correction of submitted documents. 1. Ordering Transcripts Requests for transcripts must be made to the court reporter immediately and a copy filed in the district court.

The Transcript Order form specified in Local Rule 10.0(b) must be used. Counsel must accurately complete the form and arrange for payment for the Order to be effective. See 1st Cir.

R. 10.0.

2. Form of Briefs The parties must carefully comply with the margin, print size, and word limit requirements of Fed. R. App. P. 32. 3. Contents of Briefs The parties are directed to Fed. R. App. P. 28, which sets forth the contents of briefs.

The required sections must be under the appropriate headings and in the order indicated by the rule. The appellant’s brief must also include an addendum. See 1st Cir.

R. 28.0.

4. References in Briefs to the Record Required To enable the Court to verify the documentary basis of the parties' arguments, factual assertions must be supported by accurate references to the appendix or to the record. Counsel and parties should ensure that transcripts cited in the briefs have been filed and made a part of the record on appeal. The appellant is responsible for preparing an appendix in accordance with Fed. R. App. P. 30 and 1st Cir.

R. 30.0, with each page clearly numbered.

5. Motions to Enlarge Filing Dates or Length of Briefs Motions to enlarge time to file briefs or to file briefs in excess of applicable length limitations are discouraged. Any such request must be made by a motion filed well before the expiration of the time limit for filing the brief. See 1st Cir.

R. 32.4.

6. Disclosure Statement Counsel representing a nongovernmental corporation must include a disclosure statement as specified in Fed. R. App. P. 26.1 in the first document submitted for filing with the Court, and again in front of the table of contents in the party's principal brief. A disclosure statement must be filed even if the party has no information to disclose. 7.

Certificate of Service The Court will not consider any motion, brief, or document that has not been served on all parties. The Notice of Docket Activity that is generated by the court's electronic filing system constitutes service on all ECF filers. 1st Cir.

R. 25.0(e).

If a certificate of service is required by Fed. R. App. P. 25(d), it should be attached to the document's last page and indicate: the date of service; the manner of service; and the names and addresses of the persons served. See Fed. R. App. P. 25(d). 7 Federal Rules of Appellate Procedure and First Circuit Local Rules TITLE I. APPLICABILITY OF RULES Rule 1. Scope of Rules; Definition; Title (a) Scope of Rules.

(1) These rules govern procedure in the United States courts of appeals. (2) When these rules provide for filing a motion or other document in the district court, the procedure must comply with the practice of the district court. (b) Definition. In these rules, ‘state’ includes the District of Columbia and any United States commonwealth or territory.

(c) Title. These rules are to be known as the Federal Rules of Appellate Procedure. Rule 2. Suspension of Rules (a) In a Particular Case.

On its own or a party’s motion, a court of appeals may — to expedite its decision or for other good cause — suspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b). (b) In an Appellate Rules Emergency. (1) Conditions for an Emergency. The Judicial Conference of the United States may declare an Appellate Rules emergency if it determines that extraordinary circumstances relating to public health or safety, or affecting physical or electronic access to a court, substantially impair the court's ability to perform its functions in compliance with these rules.

(2) Content. The declaration must: (A) designate the circuit or circuits affected; and (B) be limited to a stated period of no more than 90 days. (3) Early Termination. The Judicial Conference may terminate a declaration for one or more circuits before the termination date.

(4) Additional Declarations. The Judicial Conference may issue additional 8 declarations under this rule. (5) Proceedings in a Rules Emergency. When a rules emergency is declared, the court may: (A) Suspend in all or part of that circuit any provision of these rules, other than time limits imposed by statute and described in Rule 26(b)(1)-(2); and (B) order proceedings as it directs.

TITLE II.

APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT

Rule 3. Appeal as of Right — How Taken (a) Filing the Notice of Appeal. (1) An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. At the time of filing, the appellant must furnish the clerk with enough copies of the notice to enable the clerk to comply with Rule 3(d).

(2) An appellant’s failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for the court of appeals to act as it considers appropriate, including dismissing the appeal. (3) An appeal from a judgment by a magistrate judge in a civil case is taken in the same way as an appeal from any other district court judgment. (4) An appeal by permission under 28 U.S.C. § 1292(b) or an appeal in a bankruptcy case may be taken only in the manner prescribed by Rules 5 and 6, respectively. (b) Joint or Consolidated Appeals.

(1) When two or more parties are entitled to appeal from a district-court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant. (2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by the court of appeals. (c) Contents of the Notice of Appeal.

(1) The notice of appeal must: 9 (A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except X”; (B) designate the judgment– or the appealable order– from which the appeal is taken; and (C) name the court to which the appeal is taken. (2) A pro se notice of appeal is considered filed on behalf of the signer and the signer’s spouse and minor children (if they are parties), unless the notice clearly indicates otherwise. (3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class. (4) The notice of appeal encompasses all orders that, for purposes of appeal, merge into the designated judgment or appealable order.

It is not necessary to designate those orders in the notice of appeal. (5) In a civil case, a notice of appeal encompasses the final judgment, whether or not that judgment is set out in a separate document under Federal Rules of Civil Procedure 58, if the notice designates: (A) an order that adjudicates all remaining claims and the rights and liabilities of all remaining parties; or (B) an order described in Rule 4(a)(4)(A). (6) An appellant may designate only part of a judgment or appealable order by expressly stating that the notice of appeal is so limited. Without such an express statement, specific designations do not limit the scope of the notice of appeal.

(7) An appeal must not be dismissed for informality of form or title of the notice of appeal, for failure to name a party whose intent to appeal is otherwise clear from the notice, or for failure to properly designate the judgment if the notice of appeal was filed after entry of the judgment and designates an order that merged into that judgment. (8) Forms 1A and 1B in the Appendix of Forms are suggested forms of notices of appeal. (d) Serving the Notice of Appeal. (1) The district clerk must serve notice of the filing of a notice of appeal by sending a copy to each party’s counsel of record — excluding the appellant’s — or, if a party is proceeding pro se, to the party’s last known address.

When a defendant in a criminal case appeals, the clerk must also serve a copy of the notice of appeal on the defendant. The clerk must promptly send a copy of the notice of appeal and of the docket entries — and any later docket entries — to the clerk of the court of appeals named in the notice. The district clerk 10 must note, on each copy, the date when the notice of appeal was filed. (2) If an inmate confined in an institution files a notice of appeal in the manner provided by Rule 4(c), the district clerk must also note the date when the clerk docketed the notice.

(3) The district clerk’s failure to serve notice does not affect the validity of the appeal. The clerk must note on the docket the names of the parties to whom the clerk sends copies, with the date of sending. Service is sufficient despite the death of a party or the party’s counsel. (e) Payment of Fees.

Upon filing a notice of appeal, the appellant must pay the district clerk all required fees. The district clerk receives the appellate docket fee on behalf of the court of appeals.