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A paper required or permitted to be filed in a court of appeals must be filed with the clerk.
Filing may be accomplished by mail addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing.
A brief or appendix is timely filed, however, if on or before the last day for filing, it is:
A paper filed by an inmate confined in an institution is timely if deposited in the institution’s internal mailing system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.
A court of appeals may by local rule permit or require papers to be filed, signed, or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes. A local rule may require filing by electronic means only if reasonable exceptions are allowed. A paper filed by electronic means in compliance with a local rule constitutes a written paper for the purpose of applying these rules.
If a motion requests relief that may be granted by a single judge, the judge may permit the motion to be filed with the judge; the judge must note the filing date on the motion and give it to the clerk.
The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice.
An appeal in a case whose privacy protection was governed by Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal Rule of Criminal Procedure 49.1 is governed by the same rule on appeal. In all other proceedings, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought in a criminal case.
Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party’s counsel.
(3) When reasonable considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper with the court.
(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on transmission, unless the party making service is notified that the paper was not received by the party served.
(2) When a brief or appendix is filed by mailing or dispatch in accordance with Rule 25(a)(2)(B), the proof of service must also state the date and manner by which the document was mailed or dispatched to the clerk.
When these rules require the filing or furnishing of a number of copies, a court may require a different number by local rule or by order in a particular case.
LinksFederal Rules of Appellate Procedure
I. Applicability of Rules
1. Scope of Rules
2. Suspension of Rules
II. Appeal From a Judgment or Order of a District Court
3. Appeal as of Right—How Taken
3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case (Abrogated)
4. Appeal as of RightWhen Taken
5. Appeal by Permission
5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5) (Abrogated)
6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel
7. Bond for Costs on Appeal in a Civil Case
8. Stay or Injunction Pending Appeal
9. Release in a Criminal Case
10. The Record on Appeal
11. Forwarding the Record
12. Docketing the Appeal; Filing a Representation Statement; Filing the Record
III. Review of a Decision of the United States Tax Court
13. Review of a Decision of the Tax Court
14. Applicability of Other Rules to the Review of a Tax Court Decision
IV. Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer
15. Review or Enforcement of an Agency Order—How Obtained; Intervention
15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding
16. The Record on Review or Enforcement
17. Filing the Record
18. Stay Pending Review
19. Settlement of a Judgment Enforcing an Agency Order in Part
20. Applicability of Rules to the Review or Enforcement of an Agency Order
V. Extraordinary Writs
21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs
VI. Habeas Corpus; Proceedings in Forma Pauperis
22. Habeas Corpus and Section 2255 Proceedings
23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding
24. Proceeding in Forma Pauperis
VII. General Provisions
25. Filing and Service
26. Computing and Extending Time
26.1. Corporate Disclosure Statement
29. Brief of an Amicus Curiae
30. Appendix to the Briefs
31. Serving and Filing Briefs
32. Form of Briefs, Appendices, and Other Papers
32.1. Citing Judicial Dispositions
33. Appeal Conferences
34. Oral Argument
35. En Banc Determination
36. Entry of Judgment; Notice
37. Interest on Judgment
38. Frivolous Appeal—Damages and Costs
40. Petition for Panel Rehearing
41. Mandate: Contents; Issuance and Effective Date; Stay
42. Voluntary Dismissal
43. Substitution of Parties
44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party
45. Clerk’s Duties
47. Local Rules by Courts of Appeals
Federal Rules of Appellate Procedure
Federal Rules of Civil Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual
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