(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) 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.
(8) 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:
(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.
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.
(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:
(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.
(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.
• 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).
(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.
(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.
(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.
(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.
