Handbook III.A: Preliminary Matters — Jurisdiction

Before filing a notice of appeal or petition for review, parties should consider the following questions:

P Is there subject matter jurisdiction in this case?

P Has the district court or agency fully and finally resolved all issues in the case?

P Is the notice of appeal or petition for review timely?

P Is there a pending motion listed in Federal Rule of Appellate Procedure 4(a)(4) or 4(b)(3) that would make the filing of a notice of appeal ineffective?

P Have the points of error been properly preserved?

P Does the proposed appeal have genuine merit or is it frivolous?

It is critically important for parties to be certain that the Court has jurisdiction to entertain the appeal. In district court cases, parties should consult the relevant jurisdictional provisions of Titles 18 and 28 of the United States Code; in agency cases, parties should consult the particular statutory provisions and agency regulations bearing on jurisdiction. This Handbook does not purport to provide a complete and comprehensive guide to federal appellate jurisdiction. The following summary is intended only to identify generally the bases for the Court's review of district court and agency cases.

1. Jurisdiction — District Court Cases

The Court has jurisdiction over all criminal appeals and most civil appeals from the United States District Court for the District of Columbia. Ordinarily, only final judgments of the district court are reviewable. See 28 U.S.C. § 1291. The question whether an order is "final" may be very complex and requires careful examination of the rules and case law. See Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). In suits involving multiple claims or parties, parties should consult Federal Rule of Civil Procedure 54(b), which governs appeals from district court orders that do not dispose of the entire case.

There are certain interlocutory or non-final orders that also can be reviewed, some as a matter of right, and others as a matter of judicial discretion. Interlocutory civil orders reviewable as of right consist of orders granting, continuing, modifying, dissolving, or denying injunctions, and certain orders in receivership, bankruptcy, and admiralty. See 28 U.S.C. § 1292(a). With respect to many other interlocutory orders in civil actions, appellate review is possible only if the trial court certifies, pursuant to 28 U.S.C. § 1292(b), that the order "involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." In that case, this Court, in its discretion, may permit an appeal from the order. Similarly, the Court may permit an appeal from an order of a district court granting or denying class action certification under Federal Rule of Civil Procedure 23(f). See Fed. R. App. P. 5.

With respect to appeals from district court cases, parties also should bear in mind the Federal Courts Improvement Act of 1982, which transferred to the United States Court of Appeals for the Federal Circuit the jurisdiction to hear certain types of cases formerly reviewable in this Court, including appeals where the district court's jurisdiction was based "in whole or in part" on the Tucker Act. See 28 U.S.C. § 1295(a)(2).

2. Jurisdiction — Administrative Agency Cases

The Court reviews final orders of many federal administrative agencies, as well as the Tax Court of the United States. In these cases, the Court's jurisdiction often depends on whether the petitioner or appellant resides, maintains its principal place of business, or does business within the Circuit. Moreover, the statutes providing for judicial review of certain agency decisions also may specify this Circuit as an alternative or a special forum, even where the petitioner or appellant has no contacts with the District of Columbia. Because the criteria vary from agency to agency, counsel must examine the statutes governing reviewability of the particular administrative action in each instance.

3. Original Jurisdiction

To aid its appellate jurisdiction, the Court may entertain original proceedings pursuant to the All Writs Act, 28 U.S.C. § 1651. These proceedings are usually petitions for writs of mandamus or prohibition. See Fed. R. App. P. 21.

4. Collateral Review of Local Court Decisions

The Court has no authority to entertain direct appeals from orders of the Superior Court of the District of Columbia or the District of Columbia Court of Appeals. Only where a party first makes a collateral challenge to a local court ruling by bringing suit in the United States District Court for the District of Columbia, and the district court enters an appealable order, may the matter be reviewed by this Court on appeal from that order.