Handbook V.B: Appeals Management Plan

The Director of the Legal Division administers the Court’s plan for the management of its caseload. The objectives of this plan are: (1) to achieve an efficient and organized presentation of appeals in complex, multi-party litigation; (2) to identify early in the appellate process cases that either are not ripe for review or are appropriate for summary disposition; and (3) to enhance the Court's control of the pace of the appellate process. An important characteristic of the plan is its flexibility and informality. Although the Director of the Legal Division ordinarily determines which cases will require special attention or management under the plan, counsel for the parties are encouraged to notify the Director or the Clerk of cases that may be appropriate for such treatment.

In carrying out the plan, the Director of the Legal Division is authorized to obtain from counsel information that will assist the Court in making decisions about the appointment of lead or liaison counsel, joint briefing, briefing schedules, motions dispositions, and oral argument dates and formats. The Director may obtain this information informally by letter, email, or telephone, by meeting with counsel, or by requesting the Clerk's Office to issue directives to counsel.

In any case pending before the Court, counsel may independently file proposals to facilitate briefing and other matters. On the recommendation of the Director of the Legal Division, the Clerk's Office may issue procedural orders that reflect the agreement of counsel. Where agreement is not achieved, or where the Director believes the circumstances warrant it, the Court will issue procedural orders in cases managed under the plan.