IOP V: Motion Procedures

A. General. In accordance with Fed. R. App. P. 27(d) (3), all motions must be accompanied by 3 copies unless the motion is filed electronically in compliance with the court’s electronic filing system, and a proof of service showing the type of service that was made, i.e., by mail or by hand delivery or electronically. The date of service establishes the due date for filing the response per Fed. R. App. P. 27(a)(3).

B. Processing. All motions must be filed with the clerk. The single judge matters are transmitted to a single judge and the matters calling for three judge action are transmitted to a three judge panel. The motion judge and the motion panel duties are rotated among the judges of this Court.

All motions are decided without oral argument, unless the Court orders otherwise. The motions are submitted to the Court after the response time provided in Fed. R. App. P. 27(a)(3)(A) has run except for (1) routine procedural motions which are usually processed forthwith, and (2) emergency motions which may be handled on an expedited basis. The court will not ordinarily await the filing of a reply to a response before acting on a motion and response. If a movant intends to file a reply to a response, the movant shall promptly notify the clerk of the intended filing.

C. Disposition By the Clerk. Pursuant to Fed. R. App. P. 27(b) and 1st Cir. R. 27.0(d), the clerk is authorized to dispose of certain routine, procedural motions in accordance with the Court’s standing instructions. Typical examples include motions for an enlargement of time, to consolidate, to correct filings, to correct captions, and to withdraw as counsel. Effective March 16, 2006, clerk’s orders are identifiable by their form: a clerk’s order states on its face that it is entered pursuant to 1st Cir. R. 27.0(d).

D. Emergencies. If counsel anticipates that a matter may arise requiring emergency action by the court outside of ordinary business hours, the court's local rules advise counsel to contact the Clerk’s Office at the earliest opportunity to discuss the matter. Depending on the circumstances, the Clerk’s Office, in consultation with the duty judge and the Staff Attorney’s Office, may make special arrangements for after hours filings and responses, issuance of orders after hours, and similar matters. Counsel are further advised that in all emergency matters, whether or not action outside of ordinary business hours is required, the process is facilitated if counsel contacts the Clerk’s Office in advance and the motion seeking expedited relief clearly indicates the date by which a ruling is requested and the reasons supporting expedition. Although documents may be filed electronically at any time through CM/ECF, the filer should not expect that the filing will be addressed outside regular business hours unless the filer contacts the Clerk's Office in advance to make special arrangements. The business hours for the Clerk’s Office are Mondays through Fridays from 8:30 a.m. to 5:00 p.m.