Handbook X.E: Scheduling in Particular Cases
D.C. Circuit Rules — Handbook, Part X. The Court's Calendar
1. Special Panel
From time to time in deciding motions, the special panel may have considered in great detail a matter that is closely related to the merits of a case; this consideration may have included oral argument. If that panel determines that judicial efficiency would be served by the panel retaining the case, it will so advise the Clerk. The special panel then controls the case from that point on to disposition.
2. Related Cases
Most related cases are consolidated before they are calendared, as described supra in Parts III.H and V.A. Occasionally, however, a case is identified after a related case has been scheduled for argument or even argued. In these and other instances in which the cases would normally have been consolidated, or at least joined for hearing before the same panel, the Clerk's Office advises the panel to which the earlier case has been assigned. If the panel determines, in the interest of judicial economy and consistency of decisions, to take the new case, it will so advise the Clerk.
3. Cases on Remand to this Court
When the Supreme Court remands a case to this Court for further proceedings, the case is assigned to the same panel that previously considered it.
4. Stipulated Stand-by Pool
Parties may agree to enter the Court's stipulated stand-by pool, which would allow the case to be used as a replacement for cases that are removed from the calendar too close to the argument date to be replaced in the normal course. Utilization of the stand-by pool may result in significant expedition.
In order to enter the stand-by pool, parties must: (1) stipulate that they do not object to inclusion in the stand-by pool; (2) stipulate that they will not file any dispositive motions; and (3) agree to an expedited briefing schedule. Usually, counsel will be given at least 45 days’ notice of the argument date and that date will be no earlier than 45 days after the last brief is due. If counsel is unavailable for the selected date, every effort will be made to calendar the case so that consideration is not delayed. Parties should note that the Court will not ordinarily include in the stand-by pool cases that are inappropriate for oral argument, see Circuit Rule 34(j), or cases that require special internal management pursuant to this Court's Appeals Management Plan.