5th Cir. R. 27

27.1 Clerk May Rule on Certain Motions. Under FED. R. APP. P. 27(b), the clerk

has discretion to act on, in accordance with the standards set forth in the applicable rules, or

to refer to the court, the procedural motions listed below. The clerk’s action is subject to review

by a single judge upon a motion for reconsideration made within the 14 or 45 day period set by

FED. R. APP. P. 40(d)(1).

27.1.1 To extend the time for: filing answers or replies to pending motions; paying filing fees;

filing motions to proceed in forma pauperis; filing petitions for panel rehearing and rehearing

en banc, and for reconsideration of single judge orders, for not longer than 14 days, 30 days if

the applicant for extension is a prisoner proceeding pro se; filing briefs as permitted by 5TH CIR.

R. 31.4; filing bills of costs; and filing applications under the Equal Access to Justice Act.

27.1.2 To rule on motions to file briefs out of time.

27.1 3 To stay further proceedings in appeals.

27.1.4 To correct briefs or pleadings filed in this court at counsel’s request.

27.1.5 To stay the issuance of mandates pending certiorari in civil cases only, for no more

than 30 days, provided the court has not ordered the mandate issued earlier.

27.1.6 To reinstate appeals dismissed by the clerk.

27.1.7 To enter and issue consent decrees in labor board and other government agency

review cases.

27.1.8 To enter CJA Form 20 orders continuing trial court appointment of counsel on appeal

for purposes of compensation.

27.1.9 To consolidate appeals.

27.1.10 To withdraw appearances.

27.1.11 To supplement or correct records.

27.1.12 To incorporate records or briefs on former appeals.

27.1.13 To file reply or supplemental briefs in addition to the single reply brief permitted by

FED. R. APP. P. 28(c) prior to submission to the court.

27.1.14 To file an amicus curiae brief under FED. R. APP. P. 29 (see 5TH CIR. R. 29.4).

27.1.15 To enlarge the number of pages of optional contents in record excerpts.

27.1.16 To extend the length limits for: briefs under FED. R. APP. P. 32(a)(7) and 5TH CIR. R.

32; petitions for rehearing en banc and panel rehearing under FED. R. APP. P. 40(d)(3);

certificates of appealability and motions for permission to file second or successive habeas corpus

applications under 28 U.S.C. §§ 2254 and 2255, under 5TH CIR. R. 22; petitions for

permission to appeal under 5TH CIR. R. 5; and petitions for mandamus and extraordinary writs

under 5TH CIR. R. 21.

27.1.17 To proceed in forma pauperis, see FED. R. APP. P. 24 and 28 U.S.C. § 1915;

27.1.18 To appoint counsel or to permit appointed counsel to withdraw;

27.1.19 To obtain transcripts at government expense.

27.1.20 To rule on an unopposed motion by the government or a defendant in a direct

criminal appeal to gain access to matters sealed in the case and for the use in prosecution of its

appeal.

27.2 Single Judge May Rule on Certain Motions. Pursuant to FED. R. APP. P.

27(c), any single judge of this court has discretion, subject to review by a panel upon a motion

for reconsideration made within the 14 or 45 day period set forth in FED. R. APP. P. 40(d)(1), to

take appropriate action on the following procedural motions:

27.2.1 The motions listed in 5TH CIR. R. 27.1 that have been referred to a single judge for

initial action, or for single judge reconsideration of a ruling made by the clerk, but the judge

is not limited to the time restrictions in 5TH CIR. R. 27.1.1.

27.2.2 To permit interventions in agency proceedings pursuant to FED. R. APP. P. 15(d).

27.2.3 To act on applications for certificates of appealability under FED. R. APP. P. 22(b) and

28 U.S.C. § 2253 except for death penalty cases where a three judge panel must act.

27.2.4 To extend for good cause the times prescribed by the Federal Rules of Appellate

Procedure or by the rules of this court except for enlarging the time for initiating an appeal, see

FED. R. APP. P. 26(b).

27.2.5 To substitute parties under FED. R. APP. P. 43.

27.2.6 To exercise the power granted in FED. R. APP. P. 8 and 9, respecting stays, or

injunctions, or releases in criminal cases pending appeal, and subject to the restrictions set out

in those rules; and to exercise the power granted in FED. R. APP. P. 18, respecting stays pending

review of agency decisions or orders, subject to the restrictions on the power of a single judge

contained in that rule.

27.2.7 To stay the issuance of mandates or to recall same pending certiorari.

27.2.8 To expedite appeals.

27.2.9 To strike a nonconforming brief or record excerpts as provided in 5TH CIR. R. 32.5

and to strike other papers not conforming to the FED. R. APP. P. and 5TH CIR. R.

27.3 Emergency Motions and Urgent Filings Requiring Action by a Date Certain in Cases

Other Than Capital Cases. Parties should not file motions seeking emergency relief unless

there is an emergency sufficient to justify disruption of the normal appellate process. In cases

not governed by 5TH Cir. R. 8.10, motions seeking relief before the expiration of 14 days after

filing must, subject to the penalties of FED. R. APP. P. 46(c), be supported by good cause and

must:

Be preceded by a telephone call to the clerk's office and to the offices of opposing counsel

advising of the intent to file the emergency motion. If time does not permit the filing of

the motion by hand delivery or by mail, the clerk may permit filing by facsimile or by

other electronic means. In an extraordinary case, the clerk may permit the submission of

an oral motion by telephone. If the motion is filed by means other than hand delivery or

mail, counsel should also later file the motion by hand delivery or by mail.

Be labeled "Emergency Motion."

State the nature of the emergency and the irreparable harm the movant will suffer if the

motion is not granted.

Certify that the facts supporting emergency consideration of the motion are true and

complete.

Provide the date by which action is believed to be necessary.

Attach any relevant order or other ruling of the district court as well as copies of all

relevant pleadings, briefs, memoranda, or other papers filed by all parties in the district

court. If this cannot be done, counsel must state the reason that it cannot be done.

Be served on opposing counsel at the same time and, absent agreement to the contrary

with opposing counsel, in the same manner as the emergency motion is filed with the

court.

Be filed in the clerk's office by 2:00 p.m. on the day of filing.

27.3.1 Emergency Stays of Deportation. The court will give emergency consideration to

stays of deportation only where the petitioner has a scheduled removal date and is in custody.

Petitioners and counsel are responsible for obtaining accurate information about the custody

status of their clients, as well as confirming the scheduled removal date. Emergency stays

where petitioners have an imminent scheduled deportation date and are in custody will be

processed in accordance with rule 27.3 above.

27.3.2 Urgent Filings Requiring Action by a Date Certain. If a filing does not meet

the criteria for an emergency under this rule but a party certifies that court action is necessary

by a date certain, the filer must notify the clerk of court by telephone no later than 2:00 p.m.

on the day of the filing of the intent to file and the date by which action is required. In addition

to following all rules regarding the format of the filing, the filed pleading must clearly state

the date for action and provide a justification for why such action is needed.

27.4 Form of Motions. Parties or counsel must comply with the requirements of FED. R.

APP. P. 27 including the length limits of FED. R. APP. P.27(d)(2). Except for purely procedural

matters, motions must include a certificate of interested persons as described in 5TH CIR. R.

28.2.1. Where a single judge or the clerk may act only an original and 1 copy need be filed. All

motions requiring panel action require an original and 3 copies. All motions must state that

the movant has contacted or attempted to contact all other parties and must indicate

whether an opposition will be filed. Where a party's motion is not an Emergency Motion

covered by 5TH Cir. Rule 27.3, but the party has a serious need for the court to act within a

specified time, the motion must state the time requirement and describe both the nature of the

need and the facts that support it.

27.5 Motions To Expedite Appeal. Such motions are presented in the same manner as

other motions. Only the court may expedite an appeal and only for good cause. If an appeal

is expedited, the clerk will fix a briefing schedule unless a judge directs a specific date.