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Fed. R. App. P. 15

Review or Enforcement of an Agency Order—How Obtained; Intervention

activein force · 2024-12-01 – presentact-effective-date

(a) Petition for Review; Joint Petition.

(1) Review of an agency order is commenced by filing, within

the time prescribed by law, a petition for review with the

clerk of a court of appeals authorized to review the agency

order. If their interests make joinder practicable, two or more

persons may join in a petition to the same court to review the

same order.

(2) The petition must:

(A) name each party seeking review either in the caption

or the body of the petition—using such terms as ‘‘et al.,’’

‘‘petitioners,’’ or ‘‘respondents’’ does not effectively name

the parties;

(B) name the agency as a respondent (even though not

named in the petition, the United States is a respondent if

required by statute); and

(C) specify the order or part thereof to be reviewed.

(3) Form 3 in the Appendix of Forms is a suggested form of

a petition for review.

(4) In this rule ‘‘agency’’ includes an agency, board, commission, or officer; ‘‘petition for review’’ includes a petition to enjoin, suspend, modify, or otherwise review, or a notice of appeal, whichever form is indicated by the applicable statute.

(b) Application or Cross-Application to Enforce an Order; Answer; Default.

(1) An application to enforce an agency order must be filed

with the clerk of a court of appeals authorized to enforce the

order. If a petition is filed to review an agency order that the

court may enforce, a party opposing the petition may file a

cross-application for enforcement.

(2) Within 21 days after the application for enforcement is

filed, the respondent must serve on the applicant an answer to

the application and file it with the clerk. If the respondent

fails to answer in time, the court will enter judgment for the

relief requested.

(3) The application must contain a concise statement of the

proceedings in which the order was entered, the facts upon

which venue is based, and the relief requested.

(c) Service of the Petition or Application. The circuit clerk must

serve a copy of the petition for review, or an application or cross-application to enforce an agency order, on each respondent as prescribed by Rule 3(d), unless a different manner of service is prescribed by statute. At the time of filing, the petitioner must:

(1) serve, or have served, a copy on each party admitted to

participate in the agency proceedings, except for the respondents;

(2) file with the clerk a list of those so served; and

19 Rule 17 FEDERAL RULES OF APPELLATE PROCEDURE

(3) give the clerk enough copies of the petition or application to serve each respondent.

(d) Intervention. Unless a statute provides another method, a

person who wants to intervene in a proceeding under this rule

must file a motion for leave to intervene with the circuit clerk

and serve a copy on all parties. The motion—or other notice of

intervention authorized by statute—must be filed within 30 days

after the petition for review is filed and must contain a concise

statement of the interest of the moving party and the grounds for

intervention.

(e) Payment of Fees. When filing any separate or joint petition

for review in a court of appeals, the petitioner must pay the circuit clerk all required fees.

(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec.

1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.)

Provenance

Source
uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
c304beb40d0a19ee9cc8a2aea1e61830a6705feeed63264a85c25401968a2a5f
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