| Judicial Support - Appeals |
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The appeals section receives and files all notices
of appeal, both civil and criminal, and prepares the record to conform to the
requirements of the court of appeals. The appeals section furnishes information on
appellate procedure to the bar and the general public and confers frequently with
attorneys and court reporters to insure the timely preparation of the transcript in
order to expedite the appeal. It corresponds with the appeals court regarding the
return of the record and reassembles it. In instances of reversal or remand, the
record is immediately forwarded to the district court. |
| Appeals Procedure |
| 1. |
A notice of appeal should be filed with the U.S.
district clerk's office and should be accompanied by a check for $455.00 made payable to Clerk, U.S. District Court. |
| 2. |
A notice of appeal must be filed within 30 days from
the date of entry of judgment in a civil case and within 10 days in a criminal case.
The government has 60 days to file an appeal in a civil case and 30 days in a
criminal case. |
| 3. |
A bond is not normally posted unless one party feels
that it is necessary. In this case, the party requesting the bond must file a motion
for the appealing party to post a bond. The district judge in the case decides if a
bond should be posted and the amount of the bond. |
| 4. |
On receipt of a notice of appeal, the clerk's office
will mail copies of the notice of appeal and transmittal letter and transcript order
forms to counsel. If a transcript is not required, the Fifth Circuit's order form
should be completed and filed with the top page sent to the Court of Appeals within
10 days. The remaining carbon copies should be distributed as noted on each page.
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| 5. |
When a notice of appeal is filed, the case record will
be transmitted to the Fifth Circuit Court of Appeals within 15 days of filing unless
the filing fee has not been paid or transcripts have not been prepared. Once fees
have been paid, and once transcripts have been prepared, if necessary, the record is
forwarded to the Court of Appeals within 15 days of that filing. All counsel will be
sent a letter showing when the record on appeal was forwarded to the Court of
Appeals. |
| 6. |
If the file is large and the entire file is not needed
by the Court of Appeals, then a designation of record may be filed showing those
instruments (by number from the docket sheet) needed pursuant to Rule 10(d) and 11
F.R.A.P. If the file will not have a transcript, the record is sent within 15 days
which is in accordance with the Rules from the Court of Appeals. If there is a
transcript, the record will be forwarded to the Court of Appeals within 15 days
after the transcript has been filed. |
| 7. |
Counsel should check the docket sheet to make sure
everything submitted has been filed. If there are any questions, the Appeals section
should be notified before the file is sent to the Court of Appeals. If exhibits were
used in trial and were not filed, then a motion must be filed with the Court of
Appeals requesting that they be made part of the record before the record is sent.
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| 8. |
Fees must be paid at the time the notice of appeal is
filed. Failure to pay the fees does not prevent the appeal from being docketed, but
is grounds for dismissal of the appeal. |
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