Masters

U.S. Court of Appeals for the District of Columbia Circuit

Rule Set: Local Rules of the U.S. Court of Appeals for the District of Columbia Circuit

Rule: 48

Jurisdiction: CADC

Bluebook Citation: D.C. Cir. R. 48

All Rules: D.C. Cir. Local Rules, complete index


Text

There is no corresponding Circuit Rule. Rule 48 APPENDIX OF FORMS Form 1A. Notice of Appeal to a Court of Appeals from a Judgment of a District Court United States District Court for the _______ District of _______ Docket Number _______ A.B., Plaintiff v. C.D., Defendant Notice of Appeal _______________ (name all parties taking the appeal) appeal to the United States Court of Appeals * for the _________ Circuit from the final judgment entered on ______ (state the date the judgment was entered). (s) _______________________________ Attorney for [____________________] [Address: ______________________] [Note to inmate filers: If you are an inmate confined in an institution and you seek the timing benefit of Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) and file that declaration with this Notice of Appeal.] _______________________________ * See Rule 3(c) for permissible ways of identifying appellants.

Appendix of Forms for the Federal Rules of Appellate Procedure Form 1B. Notice of Appeal to a Court of Appeals from an Appealable Order of a District Court United States District Court for the _______ District of _______ Docket Number _______ A.B., Plaintiff v. C.D., Defendant Notice of Appeal _______________ (name all parties taking the appeal) appeal to the United States Court of Appeals for the _________ Circuit from the order ___________ (describe the order) entered on ______ (state the date the order was entered). * (s) _______________________________ Attorney for [____________________] [Address: ______________________] [Note to inmate filers: If you are an inmate confined in an institution and you seek the timing benefit of Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) and file that declaration with this Notice of Appeal.] _______________________________ * See Rule 3(c) for permissible ways of identifying appellants. Appendix of Forms for the Federal Rules of Appellate Procedure Form 2. Notice of Appeal to a Court of Appeals from a Decision of the United States Tax Court United States Tax Court Washington, D.C. Docket No. __________ Notice of Appeal A.B., Petitioner v. Commissioner of Internal Revenue, Respondent _______________ (name all parties taking the appeal) appeal to the United States Court of Appeals * for the ____ Circuit from the decision entered on ________ (state the date the decision was entered).

(s) _______________________________ Attorney for [____________________] [Address: ______________________] _____________________________ * See Rule 3(c) for permissible ways of identifying appellants. Appendix of Forms for the Federal Rules of Appellate Procedure Form 3. Petition for Review of Order of an Agency, Board, Commission, or Officer United States Court of Appeals for the _______________ Circuit A.B., Petitioner v. XYZ Commission, Respondent Petition for Review [ (here name all parties bringing the petition ) ] hereby petitions the court for review of the Order * of the XYZ Commission (describe the order) entered on _______________, 20____. (s) _________________________ Attorney for Petitioners Address: _________________ __________________________ * See Rule 15.

Appendix of Forms for the Federal Rules of Appellate Procedure Form 4. Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis United States District Court for the _____ District of ______ A.B., Plaintiff v. Case No. ____________ C.D., Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affidavit in Support of Motion Instructions I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress.

I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and correct. (28 U.S.C. § 1746; 18 U.S.C. § 1621.) Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a question is "0," "none," or "not applicable (N/A)," write in that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with your name, your case's docket number, and the question number.

Signed: __________________________ Date: ______________ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . My issues on appeal are: 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate.

Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly Amount expected amount during the next month past 12 months Employment Self-employment You $______ $______ Spouse $______ $______ You $______ $______ Spouse $______ $______ Appendix of Forms for the Federal Rules of Appellate Procedure Income from real property (such as rental income) Interest and dividends Gifts Alimony Child support Retirement (such as social security, pensions, annuities, insurance) Disability (such as social security, insurance payments) Unemployment payments Public-assistance (such as welfare) Other (specify): _________ You Spouse You Spouse $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ Total monthly income: $______ $______ $______ $______ 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer ________ ________ ________ Address _______________ _______________ _______________ Dates of employment _________________ _________________ _________________ Gross monthly pay _______________ _______________ _______________ 3.

List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer ________ ________ Address _______________ _______________ Dates of employment _________________ _________________ Gross monthly pay _______________ _______________ 4. How much cash do you and your spouse have? $________ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial Institution ______________________ _______ $_________ ______________________ _______ $_________ ______________________ _______ $_________ Type of Amount you Account have spouse has $_________ $_________ $_________ Amount your Appendix of Forms for the Federal Rules of Appellate Procedure If you are a prisoner, seeking to appeal a judgment in a civil action or proceeding, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts.

If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings.

Home (Value) Other real estate (Value) ____________ ____________________ ____________ ____________________ ____________ ____________________ Motor vehicle # 1 ____________(Value) Make & year: ____________ Model: _________________ Registration #:____________ Motor vehicle #2___________(Value) Make & year Model: _________________ Registration #: ___________ ___________ Other Assets (Value) Other Assets (Value) _________________ _________________ _________________ _________________ _________________ _________________ 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed Amount owed to your spouse money to you your spouse ________________ ___________ _____________ ________________ ___________ _____________ ________________ ___________ _____________ 7. State the persons who rely on you or your spouse for support.

Name [or, if under 18, initials only] Relationship Age _________________________________ _____________ _____ _________________________________ _____________ _____ _________________________________ _____________ _____ 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate.

Rent or home-mortgage payment (include lot rented for mobile home) Are real-estate taxes included? Is property insurance included? You $______ Spouse $______ [ ] Yes [ ] No [ ] Yes [ ] No Appendix of Forms for the Federal Rules of Appellate Procedure Utilities (electricity, heating fuel, water, sewer, and telephone) Home maintenance (repairs and upkeep) Food Clothing Laundry and dry-cleaning Medical and dental expenses Transportation (not including motor vehicle payments) Recreation, entertainment, newspapers, magazines, etc. Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter's Life Health Motor Vehicle Other: __________________ Taxes (not deducted from wages or included in mortgage payments) (specify): __________________ Installment payments Motor Vehicle Credit card (name): __________ Department store (name): __________________ Other: ____________________ Alimony, maintenance, and support paid to others Regular expenses for operation of business, profession, or farm (attach detailed statement) Other (specify): _____________ Total monthly expenses: You $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ Spouse $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ $______ 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? [ ] Yes [ ] No If yes, describe on an attached sheet.

Appendix of Forms for the Federal Rules of Appellate Procedure 10. Have you spent - or will you be spending - any money for expenses or attorney fees in connection with this lawsuit? [ ] Yes [ ] No If yes, how much? $ _______ 11. Provide any other information that will help explain why you cannot pay the docket fees for your appeal. 12.

State the city and state of your legal residence. ___________________________________________________ ___________________________________________________ ___________________________________________________ Your daytime phone number: (____) _______________ Your age: ________ Your years of schooling: ________ [Amended effective December 1, 2018.] Appendix of Forms for the Federal Rules of Appellate Procedure Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court or a Bankruptcy Appellate Panel United States District Court for the _______ District of _______ In re ______________________, Debtor ______________________, Plaintiff v. ______________________, Defendant File No. ___ Notice of Appeal to United States Court of Appeals for the _______ Circuit ______________, the plaintiff [or defendant or other party] appeals to the United States Court of Appeals for the _______ Circuit from the final judgment [or order or decree] of the district court for the district of _______ [or bankruptcy appellate panel of the _______ circuit], entered in this case on ________, 20____ [here describe the judgment, order, or decree] ______________. The parties to the judgment [or order or decree] appealed from and the names and addresses of their respective attorneys are as follows: Dated ______________________________ Signed _____________________________ Attorney for Appellant Address: __________________________ ____________________________________ [Note to inmate filers: If you are an inmate confined in an institution and you seek the timing benefit of Fed. R. App. P. 4(c)(1), complete Form 7 (Declaration of Inmate Filing) and file that declaration along with this Notice of Appeal.] Appendix of Forms for the Federal Rules of Appellate Procedure Form 6. Certificate of Compliance with Type-Volume Limit Certificate of Compliance with Type-Volume Limit, Typeface Requirements, and Type-Style Requirements 1.

This document complies with the [type-volume limit of Fed. R. App. P. (insert Rule citation; e.g., 32(a)(7)(B ] [the word limit of Fed. R. App. P. (insert Rule citation; e.g., 5(c)(1 ] because, excluding the parts of the document exempted by Fed. R. App. P. 32(f) [and (insert applicable Rule citation, if any)]: G this document contains [state the number of] words, or G this brief uses a monospaced typeface and contains [state the number of] lines of text. 2. This document complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type-style requirements of Fed. R. App. P. 32(a)(6) because: G this document has been prepared in a proportionally spaced typeface using [state name and version of word-processing program] in [state font size and name of type style], or G this document has been prepared in a monospaced typeface using [state name and version of word-processing program] with [state number of characters per inch and name of type style]. (s)__________________________________________________ Attorney for __________________________________________ Dated:_______________________________________________ Appendix of Forms for the Federal Rules of Appellate Procedure Form 7.

Declaration of Inmate Filing [Insert name of court; for example, United States District Court for the District of Minnesota] A.B., Plaintiff v. C.D., Defendant Case No. I am an inmate confined in an institution. Today, [insert date], I am depositing the [insert title of document; for example, “notice of appeal”] in this case in the institution’s internal mail system. First- class postage is being prepaid either by me or by the institution on my behalf. I declare under penalty of perjury that the foregoing is true and correct (see 28 U.S.C. § 1746; 18 U.S.C. § 1621).

Signed on [insert date signed] [Sign your name here] [Note to inmate filers: If your institution has a system designed for legal mail, you must use that system in order to receive the timing benefit of Fed. R. App. P. 4(c)(1) or Fed. R. App. P. 25(a)(2)(A)(iii).] Appendix of Forms for the Federal Rules of Appellate Procedure Appendix: Length Limits Stated in the Federal Rules of Appellate Procedure and the D.C. Circuit Rules This chart summarizes the length limits stated in the Federal Rules of Appellate Procedure and the D.C. Circuit Rules. Please refer to the rules for precise requirements, and bear in mind the following: • In computing these limits, you may exclude the items listed in FRAP 32(f). • If you use a word limit or a line limit (other than the word limit in FRAP 28(j , you must file the certificate required by FRAP 32(g). • For the limits in FRAP 5, 21, 27, and 40, as well as D.C. Cir. Rules 5(b) and 27(c): - You must use the word limit if you produce your document on a computer; and - You must use the page limit if you handwrite your document or type it on a typewriter. • For the limits in FRAP 28.1, 29(a)(5), and 32, as well as D.C. Cir. Rule 32(e)(2): - You may use the word limit or page limit, regardless of how you produce the document; or - You may use the line limit if you type or print your document with a monospaced typeface.

A typeface is monospaced when each character occupies the same amount of horizontal space. Appendix of Forms for the Federal Rules of Appellate Procedure RULE DOCUMENT FRAP 5(c) Petition for Permission to Appeal Answer in Opposition Cross-Petition D.C. Cir. Rule 5(b) Reply FRAP 21(d) Extraordinary Writs Answer FRAP 27(d)(2) Motion Response Reply D.C. Cir. 27(c) Response Combined with Motion for Affirmative Relief Reply and Response Final Reply FRAP 32(a)(7) (regular appeal) Principal Brief FRAP 28.1(e) (cross-appeal) Reply Brief Appellant’s Principal Brief Appellant’s Response & Reply Brief Appellee’s Principal and Response Brief WORD LIMIT 5,200 5,200 5,200 2,600 7,800 7,800 5,200 5,200 2,600 7,800 5,200 2,600 13,000 6,500 13,000 13,000 15,300 PAGE LIMIT LINE LIMIT 20 20 20 10 30 30 20 20 10 30 20 10 30 15 30 30 35 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 1,300 650 1,300 1,300 1,500 Appendix of Forms for the Federal Rules of Appellate Procedure RULE DOCUMENT Appellee’s Reply Brief WORD LIMIT 6,500 D.C. Cir.

Rule 32(e)(2) Intervenor’s Principal Brief 9,100 Intervenor’s Reply Brief 4,550 FRAP 28(j) Supplemental Authority Letter 350 FRAP 29(a)(5) Amicus Brief at Merits Phase ½ length of principal brief for party per FRAP PAGE LIMIT 15 19 9.5 n/a LINE LIMIT 650 813 412 n/a ½ length of principal brief for party per FRAP ½ length of principal brief for party per FRAP FRAP 29(b)(4) Amicus Brief on Rehearing Request 2,600 n/a n/a FRAP 40(d)(3) Petition for Initial Hearing En Banc, Panel Rehearing, or Rehearing En Banc Response if Requested by the Court 3,900 3,900 15 15 n/a n/a Appendix of Forms for the Federal Rules of Appellate Procedure APPENDIX TO THE CIRCUIT RULES OF THE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT I. COURT OF APPEALS FEE SCHEDULES II. RULES OF DISCIPLINARY ENFORCEMENT FOR THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT III.

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