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April 1, 2011
Marie Leary

The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure. The report describes the variations among the circuits' rules and procedures, compares how the circuits have implemented Fed. R. App. P 39, and presents a comparative analysis of costs awards. It also offers some procedural and conclusory observations from the research.

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January 1, 2011
Laural L. Hooper, D. Dean P. Miletich, Angelia N. Levy

This report details the varying appellate practices and procedures of the U.S. courts of appeals within the generally uniform appellate scheme imposed by the Federal Rules of Appellate Procedure. Part I of the report highlights key variations from court to court; Part II describes in detail the case management procedures of each court.

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January 1, 2009
Thomas E. Baker

A Primer on the Jurisdiction of the U.S. Courts of Appeals provides an introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. Courts of Appeals. The monograph examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals. Coverage includes civil and criminal appeals, extraordinary writs, and federal administrative agency reviews.

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March 9, 2007
Robert Timothy Reagan

Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of appeals their unpublished opinions issued 2007 or later. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules. This document is a summary table of the federal courts of appeals' local rules on citations to their unpublished opinions issued before 2007.

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October 1, 2006
Robert Timothy Reagan

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appeals filed in 2002, this article presents analyses of disposition times, the frequency with which both published and unpublished opinions are issued, the average length of counseled briefs and the frequency with which they are filed, the average length of both published and unpublished opinions, and the frequency with which various types of authorities are cited in both briefs and opinions.

The Journal of Appellate Practice and Process, Vol. 8, No. 2 (Fall 2006)

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January 1, 2006
Robert J. Niemic

This sourcebook is a reference guide on mediation and settlement conference programs in the thirteen federal courts of appeals. The Federal Judicial Center published the first edition of this sourcebook in 1997. The changing structure of these programs, and expressed interest from the courts of appeals, made this update necessary.

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January 1, 2006
Meghan A. Dunn, Rebecca Norwick

This report describes the ways in which videoconferencing is used in the courts of appeals. Appellate judges with varying degrees of experience with videoconferencing identify advantages and disadvantages of using videoconferencing for oral arguments and other court business, describe the extent to which videoconferencing altered the dynamic between judge and attorney during oral arguments, and report any problems they had encountered in using the technology.

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December 21, 2005
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

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 Procedure 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite the court's unpublished opinions. The Center's research effort consisted of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files.

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June 1, 2005
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

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. 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 yield results helpful to the Standing Committee's consideration of the proposed rule.

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April 14, 2005
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

The Appellate Rules Advisory Committee has proposed a new Rule 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite unpublished opinions. 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 yield results helpful to the Standing Committee's consideration of the proposed rule.

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