Circuit Rule 27-12: Motions to Expedite

Motions to expedite briefing and hearing may be filed and will be granted upon a showing of good cause. “Good cause” includes, but is not limited to, situations in which: (1) an incarcerated criminal defendant contends that the valid guideline term of confinement does not extend beyond 12 months from the filing of the notice of appeal; (2) the projected release date for an incarcerated criminal defendant occurs within 12 months from the filing of the notice of appeal; or (3) in the absence of expedited treatment, irreparable harm may occur or the appeal may become moot. The motion shall set forth the status of transcript preparation and opposing counsel’s position or reason why moving counsel has been unable to determine that position. The motion may also include a proposed briefing schedule and date for argument or submission.

A motion pursuant to this rule may include a request for (i) a stay of the order on appeal, or (ii) release of a prisoner pending appeal. (Eff. 7/95)