Appellate Procedure

Appellate Procedure in the United States

Federal Rules of Appellate Procedure

Note: for additional information on the Federal Rules of Appellate Procedure, there is an entry here.

Applicability of Rules in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Applicability of Rules covers the following topics:

Scope of Rules and Title

Find out more about Scope of Rules and Title in this context in this American legal encyclopedia.

Suspension of Rules

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Appeals From Judgments and Orders of District Courts in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Appeals From Judgments and Orders of District Courts covers the following topics:

How Taken Appeal as of Right

Find out more about How Taken Appeal as of Right in this context in this American legal encyclopedia.

Appeal From a Judgment of a Magistrate Judge in a Civil Case

Find out more about Appeal From a Judgment of a Magistrate Judge in a Civil Case in this context in this American legal encyclopedia.

When Taken Appeal as of Right

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Appeal by Permission

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Appeal by Leave Under 28 US Code § 636(c)(5)

Find out more about Appeal by Leave Under 28 US Code § 636(c)(5) in this context in this American legal encyclopedia.

Appeal in a Bankruptcy Case From a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel

Find out more about Appeal in a Bankruptcy Case From a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel in this context in this American legal encyclopedia.

Bond for Costs on Appeal in a Civil Case

Find out more about Bond for Costs on Appeal in a Civil Case in this context in this American legal encyclopedia.

Stay or Injunction Pending Appeal

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Release in a Criminal Case

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The Record on Appeal

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Forwarding the Record

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Docketing the Appeal and Filing a Representation Statement and Filing the Record

Find out more about Docketing the Appeal and Filing a Representation Statement and Filing the Record in this context in this American legal encyclopedia.

Review of Decisions of the United States Tax Court in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Review of Decisions of the United States Tax Court covers the following topics:

Review of a Decision of the Tax Court

Find out more about Review of a Decision of the Tax Court in this context in this American legal encyclopedia.

Applicability of Other Rules to the Review of a Tax Court Decision

Find out more about Applicability of Other Rules to the Review of a Tax Court Decision in this context in this American legal encyclopedia.

Review and Enforcement of Orders of Administrative Agencies, Boards, Commissions, and Officers in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Review and Enforcement of Orders of Administrative Agencies, Boards, Commissions, and Officers covers the following topics:

Review or Enforcement of an Agency Order—How Obtained and Intervention

Find out more about Review or Enforcement of an Agency Order—How Obtained and Intervention in this context in this American legal encyclopedia.

Briefs and Oral Argument in a National Labor Relations Board Proceeding

Find out more about Briefs and Oral Argument in a National Labor Relations Board Proceeding in this context in this American legal encyclopedia.

The Record on Review or Enforcement

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Filing the Record

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Stay Pending Review

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Settlement of a Judgment Enforcing an Agency Order in Part

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Applicability of Rules to the Review or Enforcement of an Agency Order

Find out more about Applicability of Rules to the Review or Enforcement of an Agency Order in this context in this American legal encyclopedia.

Extraordinary Writs in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Extraordinary Writs covers the following topics:

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Find out more about Writs of Mandamus and Prohibition, and Other Extraordinary Writs in this context in this American legal encyclopedia.

Habeas Corpus and Proceedings In Forma Pauperis in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Habeas Corpus and Proceedings In Forma Pauperis covers the following topics:

Habeas Corpus and Section 2255 Proceedings

Find out more about Habeas Corpus and Section 2255 Proceedings in this context in this American legal encyclopedia.

Custody or Release of a Prisoner in a Habeas Corpus Proceeding

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Proceeding In Forma Pauperis

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General Provisions in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, General Provisions covers the following topics:

Filing and Service

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Computing and Extending Time

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Corporate Disclosure Statement

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Motions

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Briefs

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Cross-Appeals

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Brief of an Amicus Curiae

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Appendix to the Briefs

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Serving and Filing Briefs

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Form of Briefs, Appendices, and Other Papers

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Citing Judicial Dispositions

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Appeal Conferences

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Oral Argument

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En Banc Determination

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Entry of Judgment and Notice

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Interest on Judgment

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Damages and Costs of Frivolous Appeal

Find out more about Damages and Costs of Frivolous Appeal in this context in this American legal encyclopedia.

Costs

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Petition for Panel Rehearing

Find out more about Petition for Panel Rehearing in this context in this American legal encyclopedia.

Mandate: Contents, Issuance, Effective Date and Stay

Find out more about Mandate: Contents, Issuance, Effective Date and Stay in this context in this American legal encyclopedia.

Voluntary Dismissal

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Substitution of Parties

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Case Involving a Constitutional Question When the United States Is Not a Party

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Clerk’s Duties

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Attorneys

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Local Rules by Courts of Appeals

Find out more about Local Rules by Courts of Appeals in this context in this American legal encyclopedia.

Masters

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Circuit Court Rules in Federal Rules of Appellate Procedure

In relation to federal court procedure and federal litigation, Circuit Court Rules covers the following topics:

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the First Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the First Circuit in this context in this American legal encyclopedia.

Local Rules and Appendices of the United States Court of Appeals for the Second Circuit

Find out more about Local Rules and Appendices of the United States Court of Appeals for the Second Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Third Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Third Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fourth Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fourth Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fifth Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fifth Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Sixth Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Sixth Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Seventh Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Seventh Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Eighth Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Eighth Circuit in this context in this American legal encyclopedia.

Local Rules of the United States Court of Appeals for the Ninth Circuit

Find out more about Local Rules of the United States Court of Appeals for the Ninth Circuit in this context in this American legal encyclopedia.

Local Rules of the United States Court of Appeals for the Tenth Circuit

Find out more about Local Rules of the United States Court of Appeals for the Tenth Circuit in this context in this American legal encyclopedia.

Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Eleventh Circuit

Find out more about Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Eleventh Circuit in this context in this American legal encyclopedia.

Local Rules, Appendix, and Handbook of Practice and Internal Procedures of the United States Court of Appeals for the of the District of Columbia Circuit

Find out more about Local Rules, Appendix, and Handbook of Practice and Internal Procedures of the United States Court of Appeals for the of the District of Columbia Circuit in this context in this American legal encyclopedia.

Local Rules and Attorney Discipline Rules of the United States Court of Appeals for the Federal Circuit

Find out more about Local Rules and Attorney Discipline Rules of the United States Court of Appeals for the Federal Circuit in this context in this American legal encyclopedia.

Following the Proper Appellate Procedure (in Disability Claims)

Some information about Following the Proper Appellate Procedure in this context.

Resources

Further Reading

  • Charles Alan Wright, Arthur R. Miller & Andrew D. Leipold, Federal Practice & Procedure (Thomson West)
  • Robert C. Casad & William B. Richman, Jurisdiction in Civil Actions: Territorial Basis and Process Limitations on Jurisdiction of State and Federal Courts (Lexis Law)
  • James Wm. Moore & Daniel R. Coquillette, Moore’s Federal Practice (Matthew Bender, 2017)
  • Gregory A. Castanias & Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell (Thomson West)
  • Erwin Chemerinsky, Federal Jurisdiction (Aspen Publishers)
  • Robert M. Cover, Owen M. Fiss & Judith Resnik, The Federal Procedural System: A Rule and Statutory Source Book (Foundation Press)
  • Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press)
  • Daniel J. Meador, Thomas E. Baker & Joan E. Steinman, Appellate Courts: Structures, Functions, Processes, and Personnel (LexisNexis)

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