11TH CIRCUIT RULES OF COURT
TITLE 2
APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT
RULE 3-1 | FAILURE TO OBJECT TO A MAGISTRATE JUDGE’S FINDINGS OR RECOMMENDATIONS
RULE 5-1 | CERTIFICATE REQUIRED
RULE 8-1 | MOTIONS
RULE 8-2 | MOTION FOR RECONSIDERATION
RULE 9-1 | MOTIONS
RULE 10-1 | ORDERING THE TRANSCRIPT - DUTIES OF APPELLANT AND APPELLEE
If an appellee designates additional parts of the proceedings to be ordered, orders additional parts of the proceedings, or moves in the district court for an order requiring appellant to do so, as provided by FRAP 10(b), a copy of such designation, transcript order, or motion shall be simultaneously sent to the clerk of this court in addition to being filed and served on other parties as provided by FRAP l0(b).
RULE 11-1 | DUTIES OF COURT REPORTERS; EXTENSIONS OF TIME
(b) state whether adequate financial arrangements have been made under CJA or otherwise;
(c) state the number of trial or hearing days involved in the transcript and an estimate of the number of pages;
(d) give the estimated date on which the transcript is to be completed.
RULE 11-2 | CERTIFICATION AND TRANSMISSION OF RECORD - DUTIES OF DISTRICT COURT CLERK
RULE 11-3 | PREPARATION AND TRANSMISSION OF EXHIBITS - DUTIES OF DISTRICT COURT CLERK
If any documentary exhibits have been sealed or marked confidential by the district court or the district court clerk, the district court clerk must transmit any such sealed or confidential documentary exhibits to this court either in their original form or in electronic form provided the electronic access is appropriately restricted, unless otherwise directed by the clerk of this court. If audio or video files were entered into evidence at trial or any evidentiary hearing, such files and any transcripts must be retained by the district court clerk during the period in which a notice of appeal may be timely filed and transmitted to this court as part of the record on appeal. However, the district court clerk must not transmit to this court any exhibits containing child pornography unless requested to do so by the clerk of this court.
As to non-documentary physical exhibits, the parties are required to include photographs or other reproductions of such exhibits in the electronic record on appeal. The parties may submit such photographs or other reproductions in paper or electronic form. The district court clerk must make advance arrangements with the clerk of this court prior to sending any exhibit containing wiring or electronic components (such as a beeper, cellular phone, etc.). Exhibits of unusual size or weight which are contained in a box larger than 14¿" x 12" x 9½" shall not be transmitted by the district court clerk until and unless directed to do so by the clerk of this court. A party must make advance arrangements with the clerks for the transportation and receipt of exhibits of unusual size or weight. If transmittal has been authorized, a party may be requested to personally transfer oversized exhibits to the clerk of this court.
RULE 11-4 | FORM OF PAPER RECORD
RULE 12-1 | FILING THE RECORD
RULE 12-2 | CLERK’S CONSOLIDATION OF APPEALS
RULE 12.1-1 | INDICATIVE RULING BY THE DISTRICT COURT
(b) If the motion filed in the district court is one that does not request substantive relief from the order or judgment under appeal, such as a motion to correct a clerical error pursuant to Fed.R.Civ.P. 60(a), any party to the appeal may file a motion for a limited remand to give the district court authority to rule on the motion, without waiting for the district court to signify its intentions on the motion. A response and reply may be filed in compliance with FRAP 27 and the corresponding local rules of this court.
(c) If the motion filed in the district court requests substantive relief from the order or judgment under appeal, such as a motion to modify a preliminary injunction or a motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b), the district court may consider whether to grant or deny the motion without obtaining a remand from this court.
(2) If the district court determines that the motion should be granted, the district court should enter an order stating that it intends to grant the motion if this court returns jurisdiction to it.
(ii) If no objection to remand is filed with this court within 14 days after entry of the district court’s order, this court may remand the case in full to the district court for entry of an order granting relief and will direct the clerk to close the appeal. Any such order shall constitute an express dismissal of the appeal for purposes of FRAP 12.1.
(iii) If an objection to remand is filed with this court within 14 days after entry of the district court’s order, that objection will be treated as a motion for the court to retain jurisdiction. A response and reply may be filed in compliance with FRAP 27 and the corresponding local rules of this court. Upon consideration of the objections and any responses and replies, the court will determine whether to retain jurisdiction over the appeal.
(iv) If the district court enters an order on remand that fails to grant the relief the district court had stated it would grant, any appellant or cross-appellant may, within 30 days after entry of the district court’s order, file a motion in this court to reopen and reinstate the closed appeal.
(2) If the district court thereafter determines that the motion should be denied, the district court may deny the motion without a remand by this court.
(3) If the district court thereafter determines that the motion should be granted, the provisions of section (c)(2) of this rule apply.
You'll probably need to reference it during your pursuit of justice (within the federal system).
For instance, you might need to understand certain court rules in order to recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
