Handbook II.B: Requests for Information — D.C. Cir.

1. Procedural Questions

Personnel in the Clerk's Office and the Legal Division are available to answer procedural questions about matters not covered in the Federal Rules of Appellate Procedure, the Circuit Rules, or this Handbook.

2. Court Records

The Clerk's Office will make available, and will assist in locating, all public records in the possession of the Court. Public records consist primarily of information entered in the docket of the Court and any briefs, motions, or other filings not under seal.

3. Electronic Public Access to Information

The Court’s website, www.cadc.uscourts.gov, provides additional court information to the public. The website allows on-line viewing and printing of court forms; the Circuit Rules, Handbook, and electronic filing procedures; the oral argument calendar; court opinions that are not sealed; and other information concerning the Court. Case information is also available on the PACER website to individuals having a PACER account. There is a fee for access to PACER. To set up an account, interested parties should visit the PACER website, which is accessible via a link from the Court's website.

Persons and organizations funded by federal judiciary appropriations, e.g., attorneys appointed under the Criminal Justice Act, are exempt from the PACER access fee. Anyone exempt under this provision must follow the instructions on the PACER website to activate CJA privileges on their account. In addition, the Court may, for good cause, exempt persons from the PACER access fee to avoid unreasonable burdens and promote public access. Anyone seeking an exemption under this provision should complete an exemption request form and return it to the Clerk's Office.

Under the Court’s electronic filing system, attorneys and pro se litigants who have registered as electronic filers will receive electronic notification of docket activity. Only pro se parties and attorneys who have entered an appearance and are listed on the Court’s docket will receive electronic notices in a particular case. To register as an electronic filer, consult the PACER Service Center’s website. Additional information on the electronic filing system is available on the Court’s website.

4. Court Operations During Inclement Weather or Emergency Situations

Counsel with filing deadlines or who are scheduled to appear for oral argument must check with the Clerk's Office when there is a possibility that the Court may be closed because of inclement weather or an emergency situation. Special announcements on closings can be obtained by calling the Clerk’s Office general information number (202-216-7000) or by checking the Court’s website.

5. The Appeals Management Plan; Complex Cases

Questions concerning multi-party, multi-issue cases handled pursuant to the Appeals Management Plan, or designated "Complex" under the Case Management Plan, should be directed to the Legal Division. Questions that can be answered by reference to the dockets should be resolved by consulting the PACER website. See supra Part II.B.3. For further assistance, questions can be directed to the Clerk's Office. The Legal Division will, however, advise practitioners whether a case is being managed by the Legal Division, or whether such management would be appropriate.

6. General Information

Requests for information of a general nature about cases, such as whether a brief or specific pleading has been filed, or whether the Court has acted on a motion, should be directed to the Clerk's Office or obtained by accessing docket information through the PACER website. See supra Part II.B.3.

7. Pending Cases

It is the strict policy of the Court that telephone calls to judges' chambers, or to judges' law clerks or judicial assistants, concerning the status of any pending case or motion will not be accepted. All such calls will be immediately referred to the Clerk or to the Legal Division.

If the inquiry as to a pending case involves procedural questions or matters of public record, it should be made in accordance with the instructions above. If counsel is experiencing a more specialized problem with a case, he or she should call the Clerk, the Chief Deputy Clerk, or the Director of the Legal Division. If the problem does not require immediate attention, the Clerk will usually direct that counsel's inquiry be submitted in writing. The Clerk’s Office will forward the letter or motion to the Court or Legal Division, as appropriate.

8. Disclosure of Panels and Dates

(a) Merits Panels

It is the Court’s policy not to disclose the identity of the merits panel in the order setting the case for oral argument. The composition of the merits panel will be posted on the Court’s website, usually 30 days before the date of oral argument, and will not be disclosed before that time.

When the Court determines a case will be decided without oral argument pursuant to Circuit Rule 34(j), parties will learn the identity of the panel from the order notifying them of that determination. If the case had originally been calendared for argument, the panel will be the one that was assigned to hear the case (posted on the Court’s website 30 days before the scheduled argument date).

(b) Panels Deciding Motions

It is generally the Court’s policy not to reveal the identity of panels before whom motions are pending until the order disposing of the motion is issued.

It is also the Court’s policy not to reveal in advance the prospective date of disposition of any matter under submission. This policy applies to the Clerk's Office and to the Legal Division, as well as to chambers personnel. Requests for information of this nature are inappropriate. Opinions are available on the Court’s website and through PACER. See infra Part XII.E.

9. Press Relations

The Circuit Executive is the designated press officer of the Court.

Requests by artists to sketch court proceedings should be directed to the Clerk’s Office well in advance of the scheduled argument. The Court will accommodate all requests unless the panel for reasons of security decides otherwise. Additionally, if the Court receives multiple requests, space considerations may limit the number of sketch artists that can be accommodated.