Federal Appeal Rules

Question 1

Are federal appeals a statutory or constitutional right?

Answer 1

Statutory; courts of appeal only have jurisdiction as conferred by statute.

(Florida is different in that the Constitution, Article 5 Section 4 allows the FL. SC. to adopt rules for appeals).

Question 2

What is the common exception to the mootness doctrine?

Answer 2

When the issue is capable of repetition yet evading review.

(Or, if there are collateral consequences or only a part of the appeal is moot).

Should note: U.S. Constitution requires “case and controversy” so mootness is strongly enforced.

Question 3

What is the original jurisdiction of SCOTUS?

Answer 3

Exclusive:
All controversies between two or more states

Non-exclusive:
(i) actions to which ambassadors or other public officials of foreign states are parties

(ii) actions between the U.S. and a state
(iii) actions by a state against the citizens of another state

Question 4

What is the certiorari jurisdiction of SCOTUS?

Answer 4

(1) Decisions of U.S. Court of Appeals (doesn’t need to be a final decision)
(2) Decisions by the highest court of a state (this includes Florida’s DCAs if there’s no Fla. SC. available)
(3) U.S. Court of Appeal for Armed Forces

Question 5

What is the appeals-as-of-right jurisdiction of SCOTUS?

Answer 5

(1) District Court orders granting/denying an interlocutory or permanent injunction in any civil action that’s required by Congress to be heard and determined by a district court of three judges.
(2) Any other instances in which “a direct appeal from a decision of a United States district court is authorized by law.”

Question 6

Can SCOTUS take jurisdiction over a certified question from a U.S. Court of Appeal?

Answer 6

Yes, 28 U.S.C. § 1254(2).

“By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.”

But, SCOTUS has routinely shut down these requests by issuing per curiam dismissals.

Question 7

What are the two requirements in federal court for an order to be considered final and appealable?

Answer 7

Separate judgment rule?

Question 8

In multidistrict litigation, where several cases are being tried together but not truly consolidated for all purposes, when is an appealable order rendered?

Answer 8

When it disposes of all issues relating to even just one of the cases. (You basically don’t have to wait until all of the cases are resolved in order to appeal).

Question 9

What is the collateral order doctrine?

Answer 9

An otherwise unappealable interlocutory order may be appealable as of right:

(a) conclusively determines the disputed question;
(b) resolves an important issue completely separate from the merits of the action;
(c) would be effectively unreviewable on appeal from a final judgment.

Just file your notice of appeal and say you’re filing it under the collateral order doctrine. This will proc a jurisdictional question asking you to explain how it applies.

Digital Equip. Cor. v. Desktop Direct (1994) limits use to constitutional rights.

Question 10

Which statute confers the U.S. Courts of Appeal with jurisdiction over final orders?

Answer 10

28 U.S. Code § 1291.

Question 11

How does the collateral order doctrine apply to an issue of immunity of public officials?

Answer 11

The doctrine allows for appeals of orders determining qualified or sovereign immunity unless the order was denied based on a genuine issue of material fact.

Exception to the exception: if the public official argues that the qualified immunity applies even under the plaintiff’s version of the facts.

Must be immunity from suit, not just liability.

Question 12

What is the Doctrine of Practical Finality?

Answer 12

An otherwise unappealable interlocutory order may be appealable as of right:

If the order determines the immediate right to property that would otherwise cause irreparable harm if not reviewed until the end of the case.

(i.e. substantial Rule 11 monetary sanctions).

Question 13

What is the Doctrine of Marginal Finality?

Answer 13

An otherwise unappealable interlocutory order may be appealable as of right:

The order must resolve an important issue fundamental to the ultimate resolution of the case.

(very limited application).

Question 14

What interlocutory appeals are available to the Circuit Court of Appeals?

Answer 14

(1) orders dealing with injunctions;
(2) orders appointing receivers or dealing with receiverships ;
(3) orders terminating the rights and liabilities of parties to admiralty cases;
(4) orders prescribed for review by rules;
(5) orders concerning arbitration (orders denying and, orders granting AND dismissing the case where the point of litigation was to determine appraisal)
(6) decisions of the Tax Court;
(7) final decisions of district courts and bankruptcy appellate panels in bankruptcy appeals (bankruptcy court’s order must’ve been final and also the district court’s opinion… i.e., no remand for more action)
(8) orders of administrative agencies when authorized by law or the Hobbs Act.

Question 15

What’s a withdrawal statute?

Answer 15

A law congress passes to try and restrict judicial review of administrative decisions.

Question 16

When is a discretionary appeal to a circuit court authorized under 28 U.S.C. § 1292(b).?

Answer 16

Discretionary appeal is authorized when: (1) an order from a United States District Court involves a controlling question of law;

(2) as to which there is
substantial ground for difference of opinion;

(3) an immediate appeal from the order may materially advance the ultimate termination of the litigation;

and (4) the district court judge enters a written order certifying that these three conditions are present.

**Discretionary for both the district court (in its decision to certify) and the Circuit (in its decision to accept jurisdiction)

Question 17

What is a discretionary appeal under Fed. R. Civ. P. 54(b)?

Answer 17

When a district court enters final judgment as a particular claim or party and EXPRESSLY determines that there is “no reason for delay” in the entry of such a final judgment.

The court of appeals can review whether the rule 54(b) certification was appropriate. This review involves
two prongs:
(i) whether the particular claim is genuinely final and separate from other pending claims; and
(ii) whether the determination that there is no just reason for delay was warranted.

The first prong is reviewed essentially de novo, while second prong is reviewed for an abuse of discretion.

Question 18

Can class certification orders be appealed to the Circuit Courts?

Answer 18

Yes, may file a petition for permission to appeal orders granting/denying class action certification under Fed. R. Civ. P. 23(f) and CAFA.

Considerations:

(i) death knell for either party (given class size/etc.)
(ii) weakness in the class certification (likelihood that DC was wrong)?
(iii) is there a legal issue that’s important?
(iv) nature of litigation?
(v) whether future events will make immediate review more or less appropriate?

CAFA (Class Action Fairness Act) allows federal courts to review classes that were removed to federal court (to send them back, if appropriate)

Question 19

What is pendent appellate jurisdiction?

Answer 19

Authority of the appellate court to review an otherwise unappealable order that is “inextricably intertwined” with appealable order if the former is necessary to ensure meaningful review of the latter.

Question 20

What are the potential writs in federal appellate court?

Answer 20

(i) all writs;

(ii) writs of mandamus;

Question 21

What is the standard for issuing a writ of mandamus?

Answer 21

Three conditions must be met:

(1) the petitioner demonstrates that it has no other adequate remedy;
(2) the petitioner shows that its right to the writ is clear and indisputable; and
(3) the issuing court, in the exercise of its discretion, is satisfied that the writ is appropriate under the circumstances.

7,800 words.

Question 22

What is the standard for issuing a writ of prohibition?

Answer 22

Issued when necessary to preserve the status quo pending a current or potential appeal.

(Main use is in criminal cases to prevent double jeopardy violations).

Question 23

What must a petition for a writ contain? (Contents)

Answer 23

(i) certificate of interested persons and corp. disclosure statement;
(ii) must provide a copy to district court judge;
(iii) cannot exceed 7,800 words.

Question 24

Federal district courts can hear appeals from what type of cases?

Answer 24

(a) final judgments in bankruptcy courts (could resolve an adversary proceeding, turnover of assets, bankruptcy stay) (no BAPs in 11th Cir.);
(b) nonfinal orders if having to do with time periods for plans in Ch. 11 or Title 11 cases;
(c) magistrate R&R’s (not really appeals);
(d) administrative action when authorized by law.

Question 25

Are unpublished decisions of the Eleventh Circuit binding precedent?

Answer 25

Unpublished decisions of the Eleventh Circuit are not binding precedent, but they can be cited as persuasive authority.

Question 26

Which Circuit was the Eleventh Circuit previously a part of? How is the caselaw from that Circuit treated?

Answer 26

The Fifth Circuit. All Fifth Circuit decisions issued prior to October 1, 1981, are binding precedent in the Eleventh Circuit. After Sept. 30th, only "en banc," "Unit B," or "Unit B en banc" are binding.

Question 27

What's the 11th Circuit's local rule for authorizing a first extension on appeal?

Answer 27

Can call the clerk and receive up to 28 days.

Question 28

When is the plain error standard of review used and what is the four-part test?

Answer 28

Used when alleged error was not preserved for appeal. a) there was error in the DC's determination; b) error was plain and obvious; c) error affected substantial rights in that it was prejudicial and not harmless; d) error seriously affected the fairness, integrity, or public reputation of the judicial proceedings.

Question 29

Can an argument be preserved in the Initial Brief if it is not raised but a subsequent intervening case comes out after the Brief is filed?

Answer 29

Yes, in United States v. Durham, 795 F. 3d 1329, 1331 (11th Cir. 2015), the Eleventh loosened its harsh waiver rule with regards to an IB.

Question 30

How does the two-issue rule differ in federal court from state court?

Answer 30

In federal court, a party may receive a new trial where they show error with one of the theories of liability, but not judgment as a matter of law. In state court, 2 issue rule usually does not lead to reversal of any kind.

Question 31

What happens if you appeal a dismiss that grants leave to amend without amending?

Answer 31

You waive your right to amend!

Question 32

How are findings of fact reviewed on appeal?

Answer 32

Under the clearly erroneous standard. Clear error exists when the appellate court is “left with a definite and firm conviction that a mistake has been committed.” Different that competent, substantial evidence test because it can be reversed even with factual support.

Question 33

Contents of a notice of appeal?

Answer 33

Rule 3, Fed. R. App. P. Who is appealing/What is being appealed/Where will appeal be heard? Although lenient, must include name of all orders that are being appealed.

Question 34

Where do you file notice of appeal?

Answer 34

District court (or wherever the case is being litigated). Must provide enough copies for the district court clerk to serve all parties and the court of appeals.

Question 35

When is an order dismissing a complaint appealable?

Answer 35

An order dismissing a complaint is not final and appealable unless the order holds that it dismisses the entire action or that the complaint cannot be saved by amendment. Plaintiff “has the choice of either pursuing a permissive right to amend ... or of treating the order as a final [order] and filing for appeal.” Plaintiff can waive the right to later amend, treat the dismissal as final, and file a notice of appeal before the expiration of the amendment period.

Question 36

When does the time for filing a notice of appeal begin to run?

Answer 36

Fed. R. App. P. 4(a)(1). The time for filing a notice of appeal runs from the date of entry of judgment unless there's no entry of judgment required. Rule 58(a) of the Federal Rules of Civil Procedure requires the clerk of the district court to enter a separate document—the actual judgment—in many circumstances. If that happens, judgment is deemed entered when that separate document is filed OR 150 days have run from the entry in the civil docket (no separate doc.) If no separate document is required, then time begins to run when judgment/order is entered in civil docket.

Question 37

Which judgments must be entered as a separate document?

Answer 37

Rule 58(a) states that every judgment must be set out except: i) Judgment under Rule 50(b) (judgment as a matter of law / JNOV) ii) Amend/Make additional findings Rule 52(b) (following a bench trial... must be filed no later than 28 days AFTER entry of judgment) iii) attorney's fees under Rule 54 iv) new trial or to alter/amend Rule 59 v) for relief from judgment under Rule 60 (1.540 type of motion)

Question 38

Which motions postpone entry of a judgment?

Answer 38

Listed in Rule 4 of Fed. R. App. P. a) motion for judgment as a matter of law under Rule 50(b) (JNOV) b) motion to amend/make additional findings under Rule 52(b) c) motion for attorney's fees under Rule 54 d) motion to alter/amend judgment under Rule 59 e) motion for relief from judgment under Rule 60, if the motion was filed within 28 days

Question 39

Deadline for filing notice of appeal in civil cases?

Answer 39

30 days after entry of judgment. If U.S. or officer/agent of U.S. is a party, then 60 days.

Question 40

What's the deadline for filing a cross-notice of appeal?

Answer 40

14 days are added to the 30. (Not called a cross-appeal, just a separate notice of appeal).

Question 41

What happens if you file a premature notice of appeal?

Answer 41

Fed. R. App. P. 4. Notice will sit and be considered filed when the judgment is entered. Same if there's a tolling motion pending; must file an amended notice if you want to challenge the post-trial ruling.

Question 42

How does a party extend the time to appeal?

Answer 42

Fed. R. App. P. 4. (a) The party files the motion no later than 30 days after the time to appeal has expired; and (b) The moving party shows “excusable neglect or good cause.” (Miscalendering the date does not count). The extension cannot exceed the later of: (a) 30 days after the expiration of the original time to appeal; or (b) 14 days after the date of the order granting the extension.

Question 43

How does a party reopen the time to appeal?

Answer 43

Fed. R. App. P. 4. The district court can reopen the time to appeal on motion if all of the following are shown: (a) The moving party did not receive notice of entry of the order to be appealed within 21 days after its entry; (b) The motion is filed no later than the earlier of: (i) fourteen days after receiving notice of entry of the order; or (ii) within 180 days of entry of the order if notice was never received; and (c) No party would be prejudiced.

Question 44

What Federal rule governs permissive appeals? When must a petition for permission to appeal be filed?

Answer 44

Fed. R. App. P. 5. Within the time set by governing statute/rule or, if none, time for a normal appeal. (28 USC 1292(b) appeals must be filed within 10 days of entry of order).

Question 45

What are the contents you must include in a petition for permission to appeal?

Answer 45

Fed. R. App. P. 5. (1) facts necessary to understand question presented; (2) question presented; (3) relief sought; (4) reason why an immediate appeal is authorized and should be granted. (attach, the order to be appealed and any order granting permission to appeal from DC). 5,200 words.

Question 46

How much time does a responding party have to respond to a petition for permission to appeal?

Answer 46

10 days after service of petition.

Question 47

Difference between certificate of service in Federal/Florida courts?

Answer 47

In federal, must state the date and manner the original was delivered to the clerk for filing. Florida, don't have to specify either.

Question 48

Difference between Federal/Florida in computing time?

Answer 48

Federal: count all the days, even weekends, no matter how long you're counting. State: if less than 7, exclude weekends; also, if first date is weekend, exclude until Monday.

Question 49

When does execution issue after a judgment is entered?

Answer 49

30 days.

Question 50

Do you get an automatic stay for posting a bond?

Answer 50

No, must still seek permission.

Question 51

How much time do you have to file a response to a motion? What about a reply?

Answer 51

Rule 27 Response = 10 days Reply = 7 days

Question 52

How to proceed on a motion for stay pending review?

Answer 52

Rule 8 (a) move in the district court first, unless it's "impractical" (b) then file in the circuit court within 21 days

Question 53

What's the standard on a motion for stay pending review?

Answer 53

Rule 8 (i) the appellant’s likelihood of success on appeal; (ii) the irreparable injury that the appellant will suffer if a stay is not granted; (iii) the harm that a stay would cause to the other party or parties; (iv) whether a stay is in the public interest. **careful about arguing that the stay moots the appeal because the Court could take your word for it and deny/moot your request

Question 54

Record construction after filing notice of appeal.

Answer 54

Within 14 days of notice, must either file a statement indicating that no transcript will be ordered or order the transcript from the court reporter using a specific form on the Eleventh Circuit's website. If only partial transcript is ordered, file statement of issues (like in Fla. Ct.). Appellee has 14 days to respond with additional issues or parts to order.

Question 55

What must you file in order to appear in the appellate court?

Answer 55

Appearance of Counsel Form (that fillable form we file). Someone must be designated lead counsel. 14 days after notice of the requirement from clerk.

Question 56

What is a civil appeal statement?

Answer 56

Must be filed by the appellant in all civil/admin cases within 14 days after NoA is docketed in 11th Circuit. Must state issues to be raised and include the order that is the subject of the appeal, with any magistrate R&R's. Purpose is to allow the court to decide whether to refer it to mediation.

Question 57

What is a disclosure statement?

Answer 57

FRAP 26.1 Called the "Certificate of Interested Persons and Corporate Disclosure Statement" ("CIP") in 11th Cir. CIP: Anyone that has an interest in the proceedings (judges, attorneys, corps.) Corp: Any nongovernment corporation must file a statement that identifies any parent corporation or any corporation that owns 10% or more stock, or state that none exist.

Question 58

What are the 11th Cir. rules for the disclosure statement?

Answer 58

Eleventh Circ. Rules: (1) Must be filed by the appellant and petitioners within 14 days after the notice of appeal is docketed in the court of appeals. (2) On the same day, the appellant must also complete an online certificate on the court’s website that lists the stock ticker symbol of any listed company. (3) Also, all appellees, intervenors, respondents, and all other parties to the case or appeal must file a CIP within 28 days after the date the case or appeal is docketed in this court, regardless of whether appellants and petitioners have filed a CIP. Must include it before every motion/brief and be numbered (C-1, C-2, C-3 (pages)).

Question 59

Which bankruptcy rule governs most of the rules for a bankruptcy appeal?

Answer 59

Rule 8006.

Question 60

What must you file at the start of a bankruptcy appeal?

Answer 60

Within 14 days after filing NoA, appellant must file and serve: 1) a statement of the issues on appeal; 2) a designation of the items to be included in the record on appeal. Appellee has 14 days to file cross-statement/cross-designation.

Question 61

What's the word limit for motions?

Answer 61

5,200 words for motions/responses 2,600 words for replies Must include certificate of compliance under Fed. R. App. P. 32(g)(1)

Question 62

What's the only motion that requires conferral?

Answer 62

Extensions of time; others "may" indicate.

Question 63

When is a response to a motion due?

Answer 63

Filed within 10 days of service. Must file a motion for reconsideration if motion is decided before response is filed.

Question 64

When is a reply to a response due?

Answer 64

The movant can file a reply within seven days after service of the response.

Question 65

What qualifies as an emergency motion?

Answer 65

Requires action within 7 days or it will be mooted; must be filed within 7 days of district court order. a. Must be labeled “emergency motion.” b. Must explain nature of emergency and provide date by which action is required. c. Must discuss likelihood that moving party will prevail on the merits. d. Must discuss prospect of irreparable injury if relief is withheld. e. Must address possibility of harm to others if relief is granted. f. Must discuss public interest. g. Must attach all relevant filings.

Question 66

When must a motion for reconsideration of an order be filed?

Answer 66

Within 21 days after entry of order.

Question 67

What is the 7-day rule when moving for extensions of time?

Answer 67

Requests for extensions of more than 14 days must be filed at least 7 days before the due date. If not, it will be generally denied unless you demonstrate good cause for why you couldn't do it sooner. Also, if you move for an extension with 14 or more days left, and it's denied within 7 days to the due date, you get another 7 days automatically.

Question 68

What must a motion for extension of time allege? What about a second motion for extension?

Answer 68

A request for an extension of more than 14 calendar days must be through a written motion setting forth with particularity the facts demonstrating good cause, and will be acted upon only by the court. Second motions are extremely disfavored and rarely granted. Granted “only upon a showing of extraordinary circumstances that were not foreseeable at the time the first request was made.” 11th Cir. R. 31-2(d).

Question 69

Color of all briefs? Appellant/Appellee/Reply/Intervenor(or Amicus)/Supplemental

Answer 69

IB = Blue AB = Red RB = Gray Intervenor/Amicus = Green Supplemental = Tan Reply/Cross-Answer Brief = Yellow

Question 70

Style of the case in federal court?

Answer 70

Kept the same as it was in the district court, regardless of which party appeals.

Question 71

How must the binding of a brief be?

Answer 71

The brief must be bound “in any manner that is secure, does not obscure the text, and permits the brief to lie reasonably flat when open.” Briefs can be stapled in the Eleventh Circuit. 11th Cir. R.32-1.

Question 72

Word limit for briefs?

Answer 72

13,000 words (or 1,300 lines if monospace font) for initial/answer 6,500 for reply briefs 15,300 words for cross appeal brief for appellee/cross-appellant (two principals in one) 2,600 for amicus briefs Must include certificate of compliance stating either the number of words or number of lines

Question 73

What happens if you file a violative brief?

Answer 73

Brief is considered "conditionally filed." Clerk will send notice and you have 14 days to comply. Notice will identify violation(s). No substantive change allowed.

Question 74

What does an initial brief include (and what's it actually called?)

Answer 74

Appellant's Brief must contain: (1) cover page; (2) CIP/disclosure;** (3) statement regarding OA (with reasons);** (4) table of contents (no requirement to list issues raised in ToC); (5) table of authorities (asterisk next to primary authority) (6) statement of jurisdiction in both the lower court and appellate court;** (7) statement of issues;** (8) statement of the case, including standard of review; (9) summary of argument; (10) argument; (11) conclusion; (12) certificate of compliance (if brief exceeds page limitation alternative) (13) certificate of service.

Question 75

When must the Appellant's Principal Brief be filed? Appellee's Brief? Reply Brief?

Answer 75

Within 40 days after the record is deemed filed under 11th Cir. R. 12-1. (If transcript is ordered, then record will start when transcript is filed). Appellee's Brief = 30 days after service Reply Brief = 21 days after service

Question 76

Does a jurisdictional show cause order toll the time for filing briefs?

Answer 76

Only the Appellee's brief is tolled.

Question 77

Which party is designated the appellant in cross-appeals if both parties file a NoA?

Answer 77

First to file NoA; if tie, plaintiff is appellant/cross-appellee.

Question 78

When are amicus briefs allowed?

Answer 78

FRAP 29. U.S./States can always file amicus without leave. Amicus can appear with consent by all parties and just file brief. Motion for leave must include proposed brief. The motion must include all of the following: (1) A description of the movant’s interest; (2) The reason why an amicus brief is “desirable”; and (3) The reason why the matters asserted are relevant to the disposition of the case. Must be filed 7 days after brief in support. 10 days in 11th Circuit.

Question 79

What is the format of notices of supplemental authority?

Answer 79

Letter to the clerk with 4 copies (and service upon all parties). Must state the reasons for authority and refer to the brief or point in oral argument to which the authority pertains. Limited to 350 words. Response is permitted.

Question 80

What are the requirements for filing an appendix (in terms of copies)?

Answer 80

Appellant must file two copies of an appendix, in hard-copy form, within seven days of filing brief. If case goes to OA, within 7 days after notice of OA from clerk, file three more copies. If Appellee requires its own brief, same situation.

Question 81

What must an appendix contain?

Answer 81

Relevant docket entries; the docket sheet; relevant portions of pleadings; judgment in question; anything else helpful. Index with index tabs affixed to the first page of each document. No items not submitted to the trial court. White covers.

Question 82

When will oral argument not be scheduled?

Answer 82

One or more of the following conditions exist: a. The appeal is frivolous; b. The dispositive issue has been authoritatively determined; or c. The facts and legal arguments are adequately presented in the briefs and record, and the decisional process will not be significantly aided by oral argument. (No judge can dissent/or concur unless they grant OA).

Question 83

What happens if you blow the filing deadline of an appellate brief?

Answer 83

On the next business day, the clerk dismisses your appeal. You have 14 days to move for reinstatement, state "extraordinary circumstances" that justify reinstatement. And file brief with motion.

Question 84

When does the mandate issue?

Answer 84

7 days after expiration of time to file a petition for rehearing, or 7 days after order denying the same.

Question 85

A motion to stay the mandate must present what?

Answer 85

A substantial question and good cause for a stay. Stay cannot exceed 90 days unless extended for good cause or party shows that they filed their petition for writ of certiorari to the SCOTUS.

Question 86

Motion for rehearing/rehearing en banc must be filed when and how long can it be?

Answer 86

21 days after entry of judgment (which is the date shown on the opinion) or 45 if U.S. is a party. Limited to 3,900 words even if it includes both motions. a. It is necessary to secure or maintain uniformity in the court’s decisions; or b. The proceeding involves a question of “exceptional importance.” No response unless ordered.

Question 87

Difference between class action appeals in Florida/Federal court?

Answer 87

Florida = orders can be appealed within 30 days under Rule 9.130 Federal = petition for discretionary review must be filed within 10 days

Question 88

Difference between arbitration appeals in Florida/Federal court?

Answer 88

Florida = automatic right to appeal order granting/denying under Rule 9.130 Federal = only an order denying an arbitration (or granting and dismissing) are appealable

Question 89

What are the statutory or rule bases for interlocutory appeals:

Answer 89

28 USC 1292(a) Fed. R. Civ. P. 54(b)

Question 90

What are the statutory or rule bases for discretionary appeals:

Answer 90

28 USC 1292(b) Fed. R. Civ. P. 54(b) CAFA Mandamus

Question 91

How many days does a party have to file a petition for permission to appeal? Can it be extended after it's blown?

Answer 91

14 days for petition under Fed. R. Civ. P. 23(f) 10 days for petition under 28 USC § 1292(b) 10 days for remand order under CAFA

Question 92

How do attorney's fees on appeal work?

Answer 92

Must be filed within 14 days of the expiration of the time for filing a motion for rehearing or order adjudicating rehearing. Extensive application required: memorandum, court form summarizing work performed, time records, affidavit of truthfulness. Requires completion of a chart that describes fee entries and affidavits and expert support for reasonableness of request Party has 14 days to object. Almost always gets remanded back down if opposed to the DC for determination of amount

Question 93

When and where should you file your motion for costs?

Answer 93

14 days after entry of judgment with the court of appeals. The bill for costs most be itemized and verified. (There's a form on the 11th Circuit site for costs). Costs on appeal: printing/copying/binding the briefs and appendices.

Question 94

Federal criminal appeal deadlines vs. Florida deadlines?

Answer 94

Fed: Appeal by defendant: 14 days after entry of judgment or NoA by government Appeal by Government: 30 days after either. **no separate judgment is required State: Defendant: 30 days State: 15 days

Question 95

When can motions to fix a sentencing error be adjudicated while an appeal is pending?

Answer 95

Any time. District court retains jurisdiction.

Question 96

How many days does a party have to object to a magistrate's recommended order?

Answer 96

14 days. Failure to do so will waive the ability to challenge factual findings in the order on appeal, but does not limit the review of legal conclusions.

Question 97

What are the considerations for granting certiorari to SCOTUS?

Answer 97

Three ways. First, a Circuit Court decision that: (a) Conflicts with another United States Court of Appeals on the same important matter; (b) Decides an important federal question in a way that conflicts with a decision by a state court of last resort; or (c) So departs from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of the Supreme Court’s supervisory power. Second, a State court of last resort has decided an important federal question in a way which conflicts with a decision of another state or U.S. State Court of Appeal. Third, a state court of Court of Appeals decides an important issues of federal law that has not been, but should be, settled by the Supreme Court (or it conflicts with decisions of SCOTUS).

Question 98

How much time does a party have to file a petition for certiorari to SCOTUS? What about a response? Reply?

Answer 98

90 days from the date the judgment becomes final (including decision by state court of last resort denying review). Can ask for an extension of 60 days if filed at least 10 days before the 90 expire. Responses are optional but if so, due in 30 days after case is placed on docket. Replies are allowed, but no precise due date in rule. Court considers the petition 14 days after response is filed so you want to get it in before that time.

Question 99

When is a merits brief due in SCOTUS? Response? Reply?

Answer 99

(2) Due date: Within 45 days of the order granting the writ of certiorari. S. Ct. R. 25.1. Response: 30 days after petitioner's brief is filed. Reply: not mandatory, but due within 30 days of response or one week before date of OA.

Question 100

What else is due after a petition for certiorari is granted by SCOTUS? When is it due?

Answer 100

Joint appendix is due 45 days after entry of the order. Must contain relevant docket entries, the order under review, other parts of record. 40 copies.

Question 101

What are the special colors for SCOTUS?

Answer 101

(1) Petition for Writ of Certiorari—White. (2) Brief in Opposition to Petition for Writ of Certiorari—Orange. (3) Reply to Brief in Opposition to Petition for Writ of Certiorari—Tan. (4) Supplemental Brief—Tan. (5) Brief on the Merits of Petitioner or Appellant— Light Blue (6) Brief on the Merits of Respondent or Appellee—Light Red. (7) Reply Brief on the Merits—Yellow. (8) Reply to Plaintiff’s Exceptions to Report of Special Master—Orange. (9) Reply to Exceptions by Party Other Than Plaintiff to Report of Special Master—Yellow. (10) Amicus Brief at Petition Stage—Cream. (11) Amicus Brief Supporting Petitioner or Appellant at Merits Stage—Light Green. (12) Amicus Brief Supporting Respondent or Appellee at Merits Stage—Dark Green. (13) Petition for Rehearing—Tan.

Question 102

Word count for petition for writ of certiorari to SCOTUS? Word count for merits briefing?

Answer 102

``` Petition/Response = 9,000 words Reply = 3,000 words ``` Brief/Response on merits = 13,000 Reply = 6,000 words

Question 103

Time limits for moving for rehearing from either merits decision or jurisdictional decision in SCOTUS?

Answer 103

25 days. Must include certification by counsel that it's in "good faith and not for delay."

Question 104

If challenge is made to the constitutionality of an Act of Congress, who provides notice to the U.S. AG?

Answer 104

The clerk. Same if state statute is challenged.

Question 105

What is an indicative ruling ruling and how does it work?

Answer 105

When a timely motion is made in the district court for relief while an appeal is pending, the district court can signal that it would grant the relief (or the motion raises an issue of fact) if it had jurisdiction to do so. The appellate court then remands the case back to the DC to enter ruling and possibly dispose of the need for an appeal.

Question 106

How many SCOTUS justices need to vote to grant a petition for a writ of cert for it to be approved?

Answer 106

4 of the 9.

Question 107

What's the standard for appealing for a district court certifying an interlocutory order of the bankruptcy court straight to the 11th Circuit?

Answer 107

(1) an order entered in the case “involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States,” (2) the order “involves a matter of public importance,” (3) the order “involves a question of law requiring resolution of conflicting decisions,” or (4) “an immediate appeal from the … order … may materially advance the progress of the case or proceeding in which the appeal is taken.” 28 U.S.C. § 158(d)(2)(A)

Question 108

How many days do you have to appeal an order from bankruptcy court to the district court? Then, from district court to circuit court?

Answer 108

14 days. 30 days.