Handbook VIII.B: Motions to Expedite Consideration of the Appeal

(See 28 U.S.C. § 1657; D.C. Cir. Rules 27(e), 47.2.)

The Court accords expedited consideration to a case when required to do so by statute, or when the Court grants a motion for expedition.

Circuit Rule 47.2(a) lists many of those statutory provisions that mandate expedited appellate review: 18 U.S.C. §§ 3145, 3731; 28 U.S.C. chapter 153; and 28 U.S.C. §§ 1657, 1826. See supra Part III.J. Whenever a party takes an appeal pursuant to one of these provisions, the district court Clerk must transmit the notice of appeal and certified docket entries forthwith to this Court, so that the appeal can be docketed and an appropriate schedule set. Counsel must advise the Clerk of this Court in writing of counsel's arrangements to order any necessary portions of the transcript on an expedited basis, and make arrangements with the district court Clerk to send the record promptly to this Court. A party desiring a more expedited schedule than that entered by the Clerk, or expedited oral argument, must file a motion.

When expedition is not required by statute, counsel seeking expedited review must file a motion. The movant must demonstrate that the delay will cause irreparable injury and that the decision under review is subject to substantial challenge. The Court also may expedite cases in which the public generally, or in which persons not before the Court, have an unusual interest in prompt disposition; the reasons must be strongly compelling.

When the Court disposes of a motion for stay or injunction pending appeal, it may at the same time expedite the case to minimize possible harm to the parties or the public. In moving for a stay or injunction pending appeal, counsel should address the appropriateness of expediting the appeal if a stay is entered.

An order granting expedition does not automatically shorten the briefing schedule. When time is a critical consideration, counsel may wish to propose a specific date for the hearing and to move for an abbreviated briefing schedule.

When counsel files a motion to expedite consideration of an appeal, the Clerk's Office refers it to the Legal Division. Staff attorneys give priority to such motions.

Parties might be able to have their appeal calendared earlier than normal by agreeing to place their case in the Court's stand-by pool of cases for oral argument. The requirements to enter the stand-by pool are discussed infra in Part X.E.4.