Scope of Rules; General Provisions

The Circuit Rules of the United States Court of Appeals for the District of Columbia Circuit are adopted pursuant to Rule 47, Federal Rules of Appellate Procedure ("FRAP"), to replace all General Rules heretofore adopted by this court. Circuit Rules are keyed to correspondingly numbered provisions of the FRAP. (Several rules dealing with miscellaneous subjects are included after Circuit Rule 47.) The court's Handbook of Practice and Internal Procedures ("Handbook") should also be consulted. In the event of any conflict between the Circuit Rules and the Handbook, the Circuit Rules prevail.

(a) Name, Seal, and Process. (1) Name. The name of this court, as fixed by Chapter 3 of Title 28 of the United States Code, is "United States Court of Appeals for the District of Columbia Circuit." (2) Seal. The seal of the court will contain the words "United States" on the upper part of the outer edge, preceded and followed by a star; the words "Court of Appeals" on the lower part of the outer edge, running from left to right; and the words "for the District of Columbia Circuit" in 5 lines in the center.

(3) Process. Writs, process, orders, and judgments of this court must be signed by a judge or judges of the court, or by the clerk at the direction of the court. Rule 11 (b) Sessions. (1) No Formal Terms-Court Always Open.

The court does not hold formal terms but is open the year round for such purposes as docketing appeals; filing pleadings, records, and opinions; and entering orders and judgments. (2) Regular Sessions. Regular sessions of the court are held at Washington, D.C., commencing on such day in September as the court may designate, and terminating at such time as the court may designate, and are adjourned as the court may from time to time direct. (3) Special Sessions.

Special sessions may be held at any time by order of the court. (c) Court Employees Not to Practice Law. No one employed in any capacity by this court may engage in the practice of law while continuing in such position. No former employee may practice as an attorney in any case that was pending in this court during his or her term of service.

This rule does not apply to a former employee when employed by another court; the rules of such court shall govern his or her employment in that court. For the purposes of this rule, a case is pending in this court upon the docketing of a notice of appeal, or the filing of a petition, in this court. Effective September 1, 2016, no former employee of this court may appear at counsel table or on pleadings in any case in this court for a period of one year after leaving court employment. This rule is in addition to any statutory, regulatory, professional, or other obligations that may apply to a particular individual.

Rule 12 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 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.