Appeals

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Federal Judicial Center Exploratory Study of the Appellate Cost Bond Provisions of Rule 7 of the Federal Rules of Appellate Procedure

Marie Leary

April 1, 2008

At its Fall 2007 meeting, the Appellate Rules Advisory Committee discussed the current circuit split over whether Federal Rule of Appellate Procedure 7 authorizes the inclusion of attorney fees in a bond for costs on appeal.

An Outline of Selected Appellate Cases After Gall and Kimbrough

Jefri Wood

January 1, 2008

Prepared as supplemental reference material for the 2008 National Sentencing Policy Institute, this outline gives a basic overview of federal appellate court cases following Gall v. United States, 128 S. Ct. 586 (2007), and Kimbrough v. United States, 128 S. Ct. 558 (2007).

Citing Unpublished Federal Appellate Opinions Issued Before 2007

Robert Timothy Reagan

March 9, 2007

Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of appeals their unpublished opinions issued 2007 or later. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules.

A Snapshot of Briefs, Opinions, and Citations in Federal Appeals

Robert Timothy Reagan

October 1, 2006

Based on a random sample of federal appeals filed in 2002, this article presents analyses of disposition times, the frequency with which both published and unpublished opinions are issued, the average length of counseled briefs and the frequency with which they are filed, the average length of bo

Order Concerning Appeal

Lyle E. Strom

September 14, 2006

Order, Tyler v. AT&T, No. 8:06-cv-523 (D. Neb. Sept. 14, 2006), D.E. 23.

Research on Appeals of Attorney-Fee and Merits Decisions (Fed R Civ P 58(c)(2)) as Presented to the Advisory Committee on Civil Rules in May 2006

Rebecca N. Eyre, Thomas E. Willging, Joe S. Cecil

May 1, 2006

In early 2006, the Federal Judicial Center examined the prevalence of the use of Federal Rule of Civil Procedure 58(c)(2), and the circumstances under which appeals of judgments on the merits and decisions regarding attorney fees can occur at the same time.

Report of a Survey of Videoconferencing in the Courts of Appeals

Meghan A. Dunn, Rebecca Norwick

January 1, 2006

This report describes the ways in which videoconferencing is used in the courts of appeals.

Citing Unpublished Opinions in Federal Appeals

Robert Timothy Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

December 21, 2005

At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would help the Standing Committee in its consideration of a proposed new Federal Rule of Appellate

Citations to Unpublished Opinions in the Federal Courts of Appeals

Tim Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

June 1, 2005

The Appellate Rules Advisory Committee has written a new Rule 32.1 which permits attorneys and courts in federal appeals in all circuits to cite unpublished opinions.

Citations to Unpublished Opinions in the Federal Courts of Appeals: Preliminary Report