IOP § III(I): Motion Practice
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: III. Presubmission Appellate Process
All motions in counseled cases, except motions to seal, must be filed electronically in CM/ECF. Each motion should include a caption, the docket number, and a brief heading description of the relief sought (e.g., Motion for Extension of Time to File Appellant’s Brief). FRAP 27(d). A separate brief supporting or responding to a motion must not be filed. Format and length are governed by FRAP 27(d). The clerk will scan and file motions for pro se parties who are not registered CM/ECF users and will serve the document on registered users with an electronic Notice of Docket Activity in accordance with 8th Cir. R. 25B. The clerk will provide the pro se filer with a paper copy of the Notice of Docket Activity showing the filing date and those served. See 8th Cir. R. 25B(d).
All motions are decided upon the papers filed, without oral hearing, unless otherwise ordered by the court. Oral argument is rarely granted. Since the judges rule on numerous motions each week, brevity in motion procedure is important.
To minimize the judge’s involvement in routine matters and to prevent any delay in case processing, the clerk is authorized under 8th Cir. R. 27A(a) to rule on many types of procedural motions. In general the clerk may rule on motions regarding extensions of time, overlength documents, supplementation of the record on appeal, consolidations of appeals, substitution of parties, advancements or continuance of cases, appointment of counsel in cases under the Criminal Justice Act, withdrawal of counsel in civil cases and fee-paid criminal cases, entry of consent decrees in certain types of agency cases, voluntary dismissals of an appeal and unopposed taxation of costs. The rule is not meant to be an exhaustive list of every motion the clerk may grant, and, in practice, the clerk has discretion in determining what is referred to the court, either for an immediate ruling or for a later ruling in connection with the court’s decision on the merits of the case. In the event a party is dissatisfied with the clerk’s ruling under 8th Cir. R. 27A(a), a motion for reconsideration should be filed within fourteen days of the order. The motion will be referred to a three-judge panel for review. See 8th Cir. R. 27A(d). Similarly, a party dissatisfied with a judge or panel ruling may file a motion for reconsideration under 8th Cir. R. 27A(d). Suggestions in opposition filed after a ruling are not considered to be a request for reconsideration; a separate request for reconsideration must be filed. FRAP 27(b).
Motions to seal documents and submission of sealed records are governed by 8th Cir. R. 25A(h).