D.C. Cir. R. 12

Docketing Statement in Appeal from a Judgment or Order of the District Court;

Statement by Appellee, Intervenor, or Amicus Curiae

(a) Timing. As directed by the court, appellant must file a docketing statement and serve a copy on

all parties and amici curiae appearing at that time.

(b) Docketing Statement Form. The docketing statement must be on a form furnished by the clerk's

office and contain such information as the form prescribes. An incomplete docketing statement will

be lodged, and the party submitting it will be directed to provide a conforming one.

(c) Provisional Certificate. Attached to the docketing statement must be a provisional certificate

prepared by appellant setting forth the information required by Circuit Rule 28(a)(1).

(d) Knowledge and Information. The docketing statement and the provisional certificate will be

prepared on the basis of the knowledge and information reasonably available to appellant at the time

of filing.

(e) Errors in Docketing Statement. Any party or amicus curiae must bring any errors in the

docketing statement or provisional certificate to the attention of the clerk by letter served on all

parties and amici within 7 days of service of the docketing statement.

(f) Statement by Appellee, Intervenor, or Amicus Curiae. Within 7 days of service of the

docketing statement, an appellee must file with the court any statement required by FRAP 26.1 and

Circuit Rule 26.1.

Any disclosure statement required by Circuit Rule 26.1 must accompany a motion to intervene, a

written representation of consent to participate as amicus curiae, or a motion for leave to participate

as amicus.

See also Circuit Rule 46 (Attorneys; Appearance by Law Student).

Rule 12.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief that Is

Barred by a Pending Appeal

(a) Notice to the Court of Appeals. If a timely motion is made in the district court for relief that it

lacks authority to grant because of an appeal that has been docketed and is pending, the movant must

promptly notify the circuit clerk if the district court states either that it would grant the motion or that the

motion raises a substantial issue.

(b) Remand After an Indicative Ruling. If the district court states that it would grant the motion or

that the motion raises a substantial issue, the court of appeals may remand for further proceedings but

retains jurisdiction unless it expressly dismisses the appeal. If the court of appeals remands but retains

jurisdiction, the parties must promptly notify the circuit clerk when the district court has decided the

motion on remand.