General Orders Appendix A: Disposition of Motions by the Clerk

Pursuant to Circuit Rule 27-7, the Court has delegated the authority to decide the following motions to deputized court staff. Unless otherwise noted, a motion can be acted upon by a deputy clerk, staff attorney, circuit mediator or Appellate Commissioner. Orders are subject to reconsideration pursuant to Circuit Rule 27-10.

(1) to file lesser number of paper briefs; (Rev. 9/17/14)

(2) to file handwritten or typewritten brief or for exemption from the electronic filing requirement; (Rev. 12/13/10)

(3) to consolidate;

(4) to file late amicus brief; (Rev. 12/13/10)

(5) to hold oral argument in a specific location;

(6) to substitute party under FRAP 43(a) or (c);

(7) to grant unopposed motions to substitute federal agencies;

(8) to file addendum or appendix;

(9) to transfer records and briefs to new appeal;

(10) to adopt brief;

(11) to stay appellate proceedings (may grant only if based on pending court or agency action and periodic status reports are required; if based on settlement negotiations, may grant only if stay is limited to 6 months);

(12) for withdrawal or substitution of counsel in civil cases, excluding habeas cases; (Rev. 9/17/14)

(13) to supplement or correct record or brief; (Rev. 12/13/10)

(14) for extension of time;

(15) to file oversized brief;

(16) (Abrogated 12/13/10);

(17) to permit the district court to correct clerical mistake in district court judgment;

(18) to remand in civil cases to enable district court to rule on post-judgment motion (Clerk may grant if unopposed and if movant has complied with FRAP 12.1; Clerk may deny if movant has not complied with FRAP 12.1); (Rev. 12/13/10)

(19) to intervene as of right in agency review proceedings;

(20) to strike brief;

(21) to expedite;

(22) to transfer under 28 U.S.C. § 2112(a) (if non-discretionary);

(23) to deny a motion to proceed in forma pauperis as unnecessary when pauper status continues under FRAP 24(a);

(24) to grant a motion to withdraw a previously filed motion;

(25) (Abrogated 3/23/16)

(26) to grant, or deny without prejudice to a renewed motion that corrects a defect, appellant's unopposed motion to voluntarily dismiss a case and denying as moot other pending motions; (Rev. 9/17/14)

(27) to grant or deny an unopposed motion to voluntarily dismiss a civil appeal or petition for review without prejudice to reinstatement upon the occurrence of stated conditions if the order provides that a motion to reinstate must be filed within 28 days after the occurrence of those; (Rev. 9/17/14)

(28) to deny without prejudice to refiling, motions to be relieved as appointed counsel in a criminal appeal when the motion fails to comply with Circuit Rule 4-1(c); (Rev. 9/17/14)

(29) to correct the caption or add parties when the motion seeks to remedy a clerical error by this Court.

The Clerk has discretion to refer any of the above motions to an Appellate Commissioner, a circuit mediator, an appropriate staff attorney for presentation to a motions or screening panel, or a merits panel. (Rev. 9/17/14)

The Clerk is authorized to enter orders referring to the merits panel motions:

(30) to file an amicus brief;

(31) to grant or to deny oral argument; (Rev. 9/17/14)

(32) to set aside waiver of oral argument;

(33) to join in oral argument;

(34) to submit without oral argument;

(35) to take judicial notice;

(36) for imposition of sanctions;

(37) filed after a pattern of frivolous, repetitive motions has been established.

The Clerk may issue for the Court the following orders:

(38) sua sponte order to show cause or to provide information on jurisdiction or summary disposition; (Rev. 12/13/10)

(39) sua sponte order to show cause in attorney discipline matter under FRAP 46(b) and to strike from the attorney roll those attorneys who voluntarily resign or who fail to respond to an order to show cause;

(40) order granting National Labor Relations Board's unopposed motion to withdraw application without prejudice, denying as moot other pending motions, and providing for no costs if it appears that none were incurred by appellee or respondent;

(41) order granting National Labor Relations Board's unopposed application for enforcement upon stipulation and denying as moot other pending motions;

(42) order granting National Labor Relations Board's motion for entry of default (unless opposed on grounds other than timely filing of answer) and denying as moot other pending motions;

(43) order denying National Labor Relations Board's motion for entry of default where respondent has timely answered application for enforcement;

(44) (Abrogated 9/17/14)

(45) (Abrogated 9/17/14)

(46) orders granting timely motions for reinstatement of a civil appeal or petition previously dismissed or remanded without prejudice to reinstatement upon the occurrence of a stated condition or event; (Rev. 12/13/10)

(47) order dismissing an appeal for want of prosecution under Circuit Rule 42-1 and dismissing any pending motions as moot;

(48) [abrogated 12/13/10];

(49) [abrogated 12/13/10].

The Clerk has discretion to refer any of the above motions to an Appellate Commissioner, a circuit mediator, an appropriate staff attorney for presentation to a motions or screening panel, or a merits panel. (Rev. 9/17/14)

The circuit mediators and staff attorneys shall have the same authority to act on procedural motions as the Clerk, and shall additionally be authorized to issue the following orders for the Court: (Rev. 9/17/14)

(50) orders granting unopposed motions for attorney fees;

(51) orders staying appellate proceedings based on pending settlement negotiations for more than 6 months if periodic status reports are required;

(52) orders granting stipulations or unopposed motions to remand cases to administrative agencies (in immigration cases by agreement of the parties the order may include a stay of removal during remand); (New 1/1/05)

(53) orders granting stipulations or unopposed motions to remand a case to the district court for consideration, approval and/or implementation of a settlement agreement (remand may be without prejudice to reinstatement upon occurrence of stated condition or event); (Rev. 12/13/10)

(54) orders denying untimely petitions for permissive interlocutory appeals; (Rev. 12/13/10)

(55) orders denying untimely motions for reconsideration of a motions or oral screening panel order. If the mandate has issued, then the reason for the denial will be because it is untimely and because the mandate has issued. In either case, if the staff attorney believes that the motion for reconsideration, although untimely, deserves review, he/she shall forward the motion to the panel with the customary proposed recommendation); (Rev. 10/10/07; 9/17/14)

(56) orders dismissing duplicative notices of appeal when the record is clear that 2 or more appeals have been taken from the same order or judgment; (Rev. 12/13/10)

(57) Staff attorneys are authorized to enter orders referring to the merits panel motions: (Rev. 12/13/10; 9/17/14)

(a) to dismiss an appeal for lack of jurisdiction that involves legal issues intricately bound up in the merits of the appeal; (Rev. 12/13/10)

(b) involving issues pending before an en banc panel; (Rev. 12/13/10)

(c) to certify issues to a state court; (Rev. 12/13/10)

(d) to withdraw as appointed counsel pursuant to Anders v. California, 386 U.S. 738 (1967), in criminal cases and set a due date for a pro se supplemental brief. (Rev. 12/13/10)

The mediator or staff attorney has discretion to refer any of the above motions to an Appellate Commissioner or a motions panel. (Rev. 9/17/14)