Fed. R. App. P. 27

(a) In General.

(1) Application for Relief. An application for an order or

other relief is made by motion unless these rules prescribe another form. A motion must be in writing unless the court permits otherwise.

(2) Contents of a Motion.

(A) Grounds and relief sought. A motion must state with

particularity the grounds for the motion, the relief sought,

and the legal argument necessary to support it.

(B) Accompanying documents.

(i) Any affidavit or other paper necessary to support

a motion must be served and filed with the motion.

(ii) An affidavit must contain only factual information, not legal argument.

(iii) A motion seeking substantive relief must include a copy of the trial court’s opinion or agency’s decision as a separate exhibit.

(C) Documents barred or not required.

(i) A separate brief supporting or responding to a motion must not be filed.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.

(3) Response.

(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must

be filed within 10 days after service of the motion unless

the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to

the parties that it intends to act sooner.

30 Rule 27 FEDERAL RULES OF APPELLATE PROCEDURE

(B) Request for affirmative relief. A response may include a motion for affirmative relief. The time to respond

to the new motion, and to reply to that response, are governed by Rule 27(a)(3)(A) and (a)(4). The title of the response must alert the court to the request for relief.

(4) Reply to Response. Any reply to a response must be filed

within 7 days after service of the response. A reply must not

present matters that do not relate to the response.

(b) Disposition of a Motion for a Procedural Order. The court

may act on a motion for a procedural order—including a motion

under Rule 26(b)—at any time without awaiting a response, and

may, by rule or by order in a particular case, authorize its clerk

to act on specified types of procedural motions. A party adversely

affected by the court’s, or the clerk’s, action may file a motion to

reconsider, vacate, or modify that action. Timely opposition filed

after the motion is granted in whole or in part does not constitute

a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must be filed.

(c) Power of a Single Judge to Entertain a Motion. A circuit

judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals

may provide by rule or by order in a particular case that only the

court may act on any motion or class of motions. The court may

review the action of a single judge.

(d) Form of Papers; Length Limits; Number of Copies.

(1) Format.

(A) Reproduction. A motion, response, or reply may be

reproduced by any process that yields a clear black image

on light paper. The paper must be opaque and unglazed.

Only one side of the paper may be used.

(B) Cover. A cover is not required, but there must be a

caption that includes the case number, the name of the

court, the title of the case, and a brief descriptive title indicating the purpose of the motion and identifying the

party or parties for whom it is filed. If a cover is used, it

must be white.

(C) Binding. The document must be bound in any manner

that is secure, does not obscure the text, and permits the

document to lie reasonably flat when open.

(D) Paper size, line spacing, and margins. The document

must be on 8 1⁄2 by 11 inch paper. The text must be double-spaced, but quotations more than two lines long may be

indented and single-spaced. Headings and footnotes may be

single-spaced. Margins must be at least one inch on all

four sides. Page numbers may be placed in the margins,

but no text may appear there.

(E) Typeface and type styles. The document must comply

with the typeface requirements of Rule 32(a)(5) and the

type-style requirements of Rule 32(a)(6).

(2) Length Limits. Except by the court’s permission, and excluding the accompanying documents authorized by Rule

27(a)(2)(B):

(A) a motion or response to a motion produced using a

computer must not exceed 5,200 words;

31 Rule 28 FEDERAL RULES OF APPELLATE PROCEDURE

(B) a handwritten or typewritten motion or response to

a motion must not exceed 20 pages;

(C) a reply produced using a computer must not exceed

2,600 words; and

(D) a handwritten or typewritten reply to a response

must not exceed 10 pages.

(3) Number of Copies. An original and 3 copies must be filed

unless the court requires a different number by local rule or

by order in a particular case.

(e) Oral Argument. A motion will be decided without oral argument unless the court orders otherwise.

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec.

1, 1989; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998;

Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar.

26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016.)