(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 28, 2010, eff. Dec. 1, 2010.)
Notes of Advisory Committee on Rules—1967
These rules are drawn under the authority of 28
U.S.C. § 2072
, as amended by the Act of November 6, 1966, 80 Stat. 1323
(1 U.S. Code Cong. & Ad. News, p. 1546 (1966)) (Rules of Civil Procedure); 28
U.S.C. § 2075
(Bankruptcy Rules); and 18
U.S.C. §§ 3771
(Procedure to and including verdict) and 3772 (Procedure after verdict). Those statutes combine to give to the Supreme Court power to make rules of practice and procedure for all cases within the jurisdiction of the courts of appeals. By the terms of the statutes, after the rules have taken effect all laws in conflict with them are of no further force or effect. Practice and procedure in the eleven courts of appeals are now regulated by rules promulgated by each court under the authority of 28
U.S.C. § 2071
expressly authorizes the courts of appeals to make rules of practice not inconsistent with these rules.
As indicated by the titles under which they are found, the following rules are of special application: Rules
apply to appeals from judgments and orders of the district courts; Rules
apply to appeals from decisions of the Tax Court (Rule
establishes an appeal as the mode of review of decisions of the Tax Court in place of the present petition for review); Rules
apply to proceedings for review or enforcement of orders of administrative agencies, boards, commissions and officers. Rules
regulate habeas corpus proceedings and appeals in forma pauperis. All other rules apply to all proceedings in the courts of appeals.
Notes of Advisory Committee on Rules—1979 Amendment
The Federal Rules of Appellate Procedure were designed as an integrated set of rules to be followed in appeals to the courts of appeals, covering all steps in the appellate process, whether they take place in the district court or in the court of appeals, and with their adoption Rules 72–76 of the F.R.C.P. were abrogated. In some instances, however, the F.R.A.P. provide that a motion or application for relief may, or must, be made in the district court. See Rules
. The proposed amendment would make it clear that when this is so the motion or application is to be made in the form and manner prescribed by the F.R.C.P. or F.R.Cr.P. and local rules relating to the form and presentation of motions and is not governed by Rule 27 of the F.R.A.P. See Rule 7(b) of the F.R.C.P. and Rule 47 of the F.R.Cr.P.
Notes of Advisory Committee on Rules—1989 Amendment
The amendment is technical. No substantive change is intended.
Notes of Advisory Committee on Rules—1994 Amendment
Subdivision (c). A new subdivision is added to the rule. The text of new subdivision (c) has been moved from Rule
to allow the addition of new rules at the end of the existing set of appellate rules without burying the title provision among other rules. In a similar fashion the Bankruptcy Rules combine the provisions governing the scope of the rules and the title in the first rule.
Committee Notes on Rules—1998 Amendment
The language and organization of the rule are amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only. The Advisory Committee recommends deleting the language in subdivision (a) that describes the different types of proceedings that may be brought in a court of appeals. The Advisory Committee believes that the language is unnecessary and that its omission does not work any substantive change.
Committee Notes on Rules—2002 Amendment
Subdivision (b). Two recent enactments make it likely that, in the future, one or more of the Federal Rules of Appellate Procedure (“FRAP”) will extend or limit the jurisdiction of the courts of appeals. In 1990, Congress amended the Rules Enabling Act to give the Supreme Court authority to use the federal rules of practice and procedure to define when a ruling of a district court is final for purposes of 28
U.S.C. § 1291
. See 28
U.S.C. § 2072
. In 1992, Congress amended 28
U.S.C. § 1292
to give the Supreme Court authority to use the federal rules of practice and procedure to provide for appeals of interlocutory decisions that are not already authorized by 28
U.S.C. § 1292
. See 28
U.S.C. § 1292
. Both § 1291 and § 1292 are unquestionably jurisdictional statutes, and thus, as soon as FRAP is amended to define finality for purposes of the former or to authorize interlocutory appeals not provided for by the latter, FRAP will “extend or limit the jurisdiction of the courts of appeals,” and subdivision (b) will become obsolete. For that reason, subdivision (b) has been abrogated.
Changes Made After Publication and Comments. No changes were made to the text of the proposed amendment or to the Committee Note.
Committee Notes on Rules—2010 Amendment
Subdivision (b). New subdivision (b) defines the term “state” to include the District of Columbia and any commonwealth or territory of the United States. Thus, as used in these Rules, “state” includes the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
Changes Made After Publication and Comment. No changes were made after publication and comment.