Handbook III.J: Appeals Expedited by Statute

(See Fed. R. App. P. 9(a); D.C. Cir. Rule 47.2.)

For several categories of appeals, the Federal Rules of Appellate Procedure and the Circuit Rules expressly prescribe special procedures. For example, the following matters are to be expedited, but this list is not exhaustive: appeals by the government from dismissal of an indictment or information or from suppression of evidence in a criminal proceeding, pursuant to 18 U.S.C. § 3731; appeals by recalcitrant witnesses from summary confinement, pursuant to 28 U.S.C. § 1826; appeals from denial or grant of pretrial release in criminal cases, pursuant to 18 U.S.C. § 3145; appeals from habeas corpus proceedings, pursuant to 28 U.S.C. chapter 153; appeals of certain orders entered in any case brought by the Federal Deposit Insurance Corporation, pursuant to 12 U.S.C. § 1821(q)(1); and appeals from any action for temporary or preliminary injunctive relief, pursuant to 28 U.S.C. § 1657(a). Counsel should consult these statutes and the relevant rules with care. A party desiring a more expedited schedule than that entered by the Clerk, or expedited oral argument, must file a motion. See infra Part VIII.B.

Other sections of this Handbook bear on emergency motions, motions for release pending appeal, and the calendaring of emergency and expedited appeals. See infra Parts VIII.A, B, C.