11th Cir. R. 27-1

(a) Form and Other Requirements.

(1) When a motion is filed in paper, only the original motion and supporting papers must be filed.

No additional copies are required.

(2) A motion filed in paper must contain proof of service on all parties if required by FRAP

25(d), and should ordinarily be served on other parties by means which are as equally expeditious

as those used to file the motion with the court.

(3) A motion shall be accompanied by, and the opposing party shall be served with, supporting

documentation required by FRAP 27, including relevant materials from previous judicial or

administrative proceedings in the case or appeal. A party moving for a stay must include a copy of

the judgment or order from which relief is sought and any opinion and findings of the district court.

(4) In addition to matters required by FRAP 27, a motion shall contain a brief recitation of prior

actions of this or any other court or judge to which the motion, or a substantially similar or related

application for relief, has been made.

(5) A motion for extension of time made pursuant to FRAP 26(b) shall, and other motions where

appropriate may, contain a statement that movant’s counsel has consulted opposing counsel and that

either opposing counsel has no objection to the relief sought, or will or will not promptly file an

objection.

(6) In criminal appeals, counsel must state whether the party they represent is incarcerated.

(7) Unless an appellant is represented by another attorney, a motion to withdraw as counsel for

the appellant in a criminal or civil appeal stays the deadline to file all required documents, including

motions to proceed in forma pauperis, Transcript Order Forms, Certificates of Interested Persons and

Corporate Disclosure Statements, and Civil Appeal Statements, until the court rules on the motion

to withdraw. See also 11th Cir. R. 31-1(b) (stating in part that a motion for appointment or

withdrawal of counsel stays briefing deadlines). This subsection shall apply to a motion to withdraw

as counsel filed either in the district court or in the court of appeals. If a motion to withdraw as

counsel is filed in the district court after an appeal has been docketed, the counsel who files such

motion shall notify the clerk of the court of appeals within 7 days. This subsection does not stay the

deadline to file a notice of appeal. This subsection does not apply to motions to withdraw under

Anders v. California. See 11th Cir. R. 27-1(a)(9).

(8) Both retained and appointed counsel who seek leave to withdraw from or to dismiss a

criminal appeal must recite in the motion that the party they represent has been informed of the

motion and either approves or disapproves of the relief sought and show service of the motion on

the party they represent.

(9) Appointed counsel who seek leave to withdraw from representation in a criminal appeal must

follow procedures set forth by the Supreme Court in Anders v. California, 386 U.S. 738, 87 S.Ct.

1396, 18 L.Ed.2d 493 (1967). It is counsel’s responsibility to ensure that the record contains

transcripts of relevant proceedings in the case, including pre-trial proceedings, trial proceedings

(including opening and closing arguments and jury instructions), and sentencing proceedings.

Counsel’s brief in support of a motion to withdraw under Anders must contain: (1) a certificate of

service indicating that the brief has been served on the party represented as well as on the other

parties to the appeal; and (2) a statement certifying that counsel has informed the party represented

that he or she has 30 days to file a response to the motion to withdraw with the court.

(10) A motion must comply with the typeface and type style requirements of FRAP 32(a)(5) and

32(a)(6).

(11) A motion must comply with the requirement for references to the record found at 11th Cir.

R. 28-5.

(b) Emergency Motions.

(1) Except in capital cases in which execution has been scheduled, a motion will be treated as

an emergency motion only when both of the following conditions are present:

1. The motion will be moot unless a ruling is obtained within seven days; and

2. If the matter sought to be reviewed is a district court order or action, the motion is being filed

within seven days of the filing of the district court order or action.

Motions that do not meet these two conditions but in which a ruling is required by a date certain may

be treated as “time sensitive” motions.

(2) A party requesting emergency action shall label the motion as “Emergency Motion” and state

the nature of the emergency. If a motion requests relief by a date certain to avoid irreparable harm,

the motion must specify that date in bold on the caption page, and the motion must explain the basis

for the requested ruling date as well as why the motion was not filed earlier. The motion must also

state the reasons for granting the requested relief and must specifically discuss:

(i) the likelihood the moving party will prevail on the merits;

(ii) the prospect of irreparable injury to the moving party if relief is withheld;

(iii) the possibility of harm to other parties if relief is granted; and

(iv) the public interest.

Upon filing an emergency motion, the movant must promptly notify the opposing party by

electronic means at the address listed in the ECF system, if available.

(3) If the emergency motion raises any issue previously raised in a district court, the movant must

provide all filings in the district court supporting or opposing the position taken by the movant and

the district court’s ruling on the issue. If compliance is not possible, the reason for non-compliance

shall be stated.

(4) To expedite consideration by the court, the movant must telephone the clerk at the earliest

practical time and describe a motion that has not yet been filed in writing. This is not a substitute

for the filing required by FRAP 27(a). Failure to notify the clerk via telephone in advance may delay

the processing of the motion.

(c) Motions for Procedural Orders Acted Upon by the Clerk.

The clerk is authorized, subject to review by the court, to act for the court on the following

unopposed procedural motions:

(1) to extend the time for filing briefs or other papers in appeals not yet assigned or under

submission as follows:

• in forma pauperis motions, standalone certificates of interested persons and corporate

disclosure statements, applications for a certificate of appealability, civil appeal statements,

transcript order forms, motions for leave to proceed, filing fees, consent forms, responses to

jurisdictional questions, and responses to motions, up to the amount of time originally given

to file, generally 14 or 30 days;

• the agency record, up to 40 days; and

• first requests for an extension of up to 30 days to file or correct a deficiency in briefs and

appendices, pursuant to 11th Cir. R. 31-2(a).

(2) to make non-substantive corrections at the request of counsel in briefs or pleadings filed in

this court;

(3) to extend the time for filing petitions for rehearing for not longer than 28 days, but only when

the court’s opinion is unpublished;

(4) to consolidate appeals from the same district court;

(5) a party’s first motion to reinstate an appeal dismissed by the clerk if the motion to reinstate

is filed within 14 days of dismissal;

(6) to enter orders continuing on appeal district court appointments of counsel for purposes of

compensation;

(7) to grant first requests for an extension of up to 14 days for filing Bills of Costs and/or motions

for attorney’s fees;

(8) to grant leave to adopt by reference any part of the brief of another;

(9) for substitution of parties pursuant to FRAP 43(c)(2);

(10) to withdraw motions.

(11) to file out-of-time any required filing received no more than 14 days after the due date,

unless a judge has already ruled that no further extensions will be granted.

The clerk is authorized, subject to review by the court, to act for the court on the following

opposed procedural motions:

(12) to grant first requests for an extension of up to 30 days to file or correct a deficiency in briefs

and appendices, pursuant to 11th Cir. R. 31-2(a) in appeals not yet assigned or under submission;

(13) to expedite briefing in a direct appeal of a criminal conviction and/or sentence when it

appears that an incarcerated defendant’s projected release is expected to occur prior to the conclusion

of appellate proceedings.

(d) Motions Acted Upon by a Single Judge. Under FRAP 27(c), a single judge may, subject to

review by the court, act upon any request for relief that may be sought by motion, except to dismiss

or otherwise determine an appeal or other proceeding. Without limiting this authority, a single judge

is authorized to act, subject to review by the court, on the following motions:

(1) where opposed, motions that are subject to action by the clerk under part (c) of this rule;

(2) for certificates of appealability under FRAP 22(b) and 28 U.S.C. § 2254;

(3) to appeal in forma pauperis pursuant to FRAP 24 and 28 U.S.C. § 1915(a);

(4) to appoint counsel for indigent persons appealing from judgments of conviction or from

denial of writs of habeas corpus or petitions filed under 28 U.S.C. § 2255, or to permit court

appointed counsel to withdraw;

(5) to extend the length of briefs except in capital cases, and to extend the length of petitions for

rehearing or rehearing en banc;

(6) to extend the times prescribed by the rules of this court for good cause shown (note that

FRAP 26(b) forbids the court to enlarge the time for taking various actions, including the time for

filing a notice of appeal); in criminal appeals, counsel requesting an extension of time to file a brief

must state whether the party they represent is incarcerated;

(7) to exercise the power granted in FRAP 8 and 9 with respect to stays or injunctions or releases

in criminal cases pending appeal but subject to the restrictions set out therein, and under FRAP 18

with respect to stays pending review of decisions or orders of agencies but subject to the restrictions

on the power of a single judge contained therein;

(8) to stay the issuance of mandates;

(9) to expedite appeals;

(10) to file briefs as amicus curiae prior to issuance of a panel opinion.

(e) Two-Judge Motions Panels. Specified motions as determined by the court may be acted upon

by a panel of two judges.

(f) Motions Shall Not Be Argued. Unless ordered by the court no motion shall be orally argued.

(g) Effect of a Ruling on a Motion. A ruling on a motion or other interlocutory matter, whether

entered by a single judge or a panel, is not binding upon the panel to which the appeal is assigned

on the merits, and the merits panel may alter, amend, or vacate it.