Circuit Rule 26.1: Disclosure Statement

(a) Who Must File. Each attorney for a non-governmental party or amicus curiae, and each private attorney representing a governmental party, must file a separate statement under this rule. A party or amicus required to file a corporate disclosure statement under Fed. R. App. P. 26.1 may combine the information required by subsection (b) of this rule with the statement required by the national rule. A disclosure statement constitutes an attorney’s appearance. An attorney filing a disclosure statement need not file a representation statement under Fed. R. App. P. 12(b).

(b) Contents of Statement. The statement must disclose the names of all law firms whose partners or associates have appeared for the party or amicus in the case (including proceedings in the district court or before an administrative agency) or are expected to appear in this court. If any litigant is using a pseudonym, the statement must disclose the litigant’s true name. A disclosure required by the preceding sentence will be kept under seal. Attorneys are encouraged to use the disclosure statement form posted on the Court of Appeals’ website.

(c) Time for Filing. The statement under this rule and Fed. R. App. P. 26.1 must be filed no later than 21 days after docketing the appeal, with a party’s first motion or response to an adversary’s motion, or when directed by the court, whichever time is earliest. A disclosure statement for each attorney for a non-governmental party or amicus curiae, and each private attorney representing a governmental party, also must accompany any petition for permission to appeal under Fed. R. App. P. 5 and must be included with a second or successive petition for collateral review, an appellant’s brief, an appellee’s brief, a brief of amicus curiae, and any petition for rehearing en banc. See Cir. R. 22.2(a)(1); Fed. R. App. P. 28(a)(1), (b); Fed. R. App. P. 29(c)(1).

(d) Duty to Update. Counsel must file updated disclosure statements under this rule and Fed. R. App. P. 26.1 within 14 days of any change in the information required to be disclosed.