DRAFT INFORMATION FOR MOTION FOR DEFAULT JUDGMENT

1/25/2023. Note, a hacker deleted this note from many blogposts and I just noticed. The hacker was either someone affiliated with the owner of this 32 floor apt bldg or a TECHNOCRAT. There have been several incidences because of dishonest employees here. The ultimate was when the maintenance supervisor took a dump in my trash can in my bathroom. Even now, they remotely turn the washer on and off to humor themselves. It is filled with clothes I am washing and I can't access it because the ba$tards take control of it when they use remote. This is what I think has caused several plane crashes over the years also.

Some blogposts are altered; for the most part they deleted information. Either to puff themselves up for discovering something or just to be a menace, or both. I have a hard time creating backup notes on this laptop. Microsoft Word alters the notes.

COMBINED TABLE OF CONTENTS are not monitized or monitored; copy what you want. This is a hobby. Make it your own statement. Thank you for taking part in being a patriot. I am not up to date with this TOC. I had some personal setbacks to take the time, but you can navigate on the blogs by using the back arrow at the top left inside the blog.

https://thunderflower2021.blogspot.com/2021/10/table-of-contents.html?m=1

~~=============================================================~~

~~THIS IS A TEMPORARY BLOGPOST~~

I changed my mind....

NOTE, THE COURT WOULD NOT HAVE DOCKETED THE CASE IF THE DEFENDANT WAS NOT SERVED.

THEY ARE NOW MAKING UP SHIT ABOUT THE DEFENDANT NOT BEING SERVED "TO THE RIGHT ADDRESS" - WHICH IS DEFENDING THE DEFENDANT! I SERVICED IT IN PERSON TO THE COURT, WHICH IS MY LEGAL RIGHT. IF THEY WANTED A DIFFERENT ADDRESS, THEY SHOULD HAVE FILED AN APPEARANCE, BUT THEY DID NOT! I HAVE ARGUED THIS REPEATEDLY, THAT THE SECOND CIRCUIT COURT CANNOT DEFEND EITHER PARTY; NAMELY ONE REPRESENTING THE GOVERNMENT. Posted 1/25/2023

Unedited version of

CLAIM FOR RELIEF

UNITED STATES COURT OF APPEALS

For the

SECOND CIRCUIT

JANUARY 2, 2023

)

) Case No. 22-CV-2741

ANNE M. BRADLEY )

)

V. )

)

Superior Court - New Haven,CT )

)

CLAIM FOR RELIEF

Motion For Default Judgment

STATEMENT OF THE GROUNDS

1. Plaintiff-appellant submitted her motion for permission to Appeal In Forma Paupris diligently

2. The Court did not provide its ruling; yet pulled up a backdated appeal number and claimed it was being processed

3. The Court provided with instruction for the plaintiff-appellant to PROCEED, issuing dates for brief, etc in its DOCKET SHEET.

4. All appeal forms were completed IN ACCORDANCE WITH THE RULES, stamped in by the non-appearing DEFENDANT, and submitted to the court through email since plaintiff-appellant is not registered on CMECF or PACER, as she so-wanted due to lack of confidence that cyber crime would not occur.

a. This includes Plaintiff-appellant’s Form D-P along with the suggested/optional statement when no transcript is available

b. The Chief Clerk marked this document as defective, when it met all requirements.

a) The case manager (real one or fake one, not sure) claimed the reason it was defective was because it was not served on Michael Skold, who has no filed appearance on this case and never received any documents from the plaintiff-appellant. Plaintiff-appellant found this inconsistent with the Federal Rules Of Civil Procedure, as well as what they use as Federal Rules of Appellate Procedure.

b) Copy of this Form D-P and the Statement which accompanied it are attached for record purposes. These are what was already submitted to the court. There was no “DEFAULT by Plaintiff” as stated by the Chief Clerk. In fact, it would most likely be deemed as nonsuit, since DEFAULT refers to the Defendant-Appellee. As a Pro Se, plaintiff-appellant does her best to adhere to orders that are substantiated by the rules; and considers other orders DEFICIENT, particularly not documented by the court, which shows DECEPTIVE TACTICS, not administration of the law.

PLEADER IS ENTITLED TO THE RELIEF

1. Nonappearance of a DEFENDANT disrupts a case proceedings, and caused DEFAULT

2. The Modus Operandi in this is reflective of the very same thing which occurred in the Superior Court, which was never cured - not even by an order of the court for the Defendant to appear or face consequences. The case had merit; the fee waiver was granted. The files were frauded on record.

a) No judge has any right to abuse power; make up rules as they go along. Ordering a receipt for a Priority Mail of a pleading which only needed to be mailed US First Class is abuse - particularly when that receipt was attached just before mailing to the court. They removed it. Nevertheless, it was common knowledge that Storquest had the motion and this judge made this frivolous order on August 11, as apposed to when the court received the motion. Even if priority mailing was required, which it isn’t, IT WAS MOOT. THE DEFENDANT FAILED TO APPEAR.

3. The Defendant Storquest in the Superior Court Case:

a) Breached the lease

i. Terminated the lease when the rent was not even delinquent

ii. Added nefarious charge of insurance, which is not required on the lease, which was initiated January 2013

iii. Nefariously scheduled the disabled pro se plaintiff-appellant’s possessions for auction, when they had no right to her possessions

4. THROUGHOUGHT THESE PROCEEDINGS IN LOWER COURTS, PLAINTIFF-APPELLANT HAS EMPHASIZED RELIEF SOUGHT:

a) Injunctive Order to Restore Lease

b) Reimburse for LEGAL EXPENSES, including time which has been modestly reported by the plaintiff-appellant

c) Issue Warning to this company that severe penalties would take place if they do not make remedy.

i. Storquest has not even been registered as a company or with IRS (And has no Agent of Service) when it was collecting taxes from customers; and the co-founder of the company which alleges to own them (William Warren Group, a member of the Greater New Haven Chamber of Commerce, which has entered MANY company names it represents, EXCLUDING Storquest) - a company co-founded by Warren Jeffs who is a polygamist and sentenced to life imprisonment for raping and molesting children. Whether he is actually in prison or not remains to be seen.

5. The Superiour Court of New Haven only reflected MALPRACTICE OF LAW. They, in fact, could have granted the motions which were with the Small Claim Form, resolved the case swiftly so the plaintiff-appellant would have her rights as a legitimate customer at that facility for almost ten years (since January 2013): 1. Motion For Injunctive Order to Cease & Desist; and 2. Motion For Disclosure, to determine the corporate offices of Storquest, to determine their agent of service, since not even the Secretary of State cared about their records being ineptly managed, and

DEMAND FOR RELIEF SOUGHT PURSUANT TO FRCP 8 (3)

1. LEGAL EXPENSES - exceeding $5,000 (attached affidavit)

2. ORDER RESTORE LEASE WITH STORQUEST, WHICH WAS ILLEGALLY TERMINATED

3. ORDER WARNING TO STORQUEST THAT FURTHER BREACHES WILL RESULT IN STIFFER OUTCOMES AGAINST THEM

APPARENTLY according Rule 8, the non-appearing defendant may have the right to dispute CLAIM FOR RELIEF. Apparently the Effect of Failing to Deny - is automatic presumption for the defendant, which is unconstitutional, indicating the following: If a responsive pleading is not required, an ellegation is considered denied or avoided. This rule is oddly-written as if you can have it both ways. There was no court order stating a responsive pleading was not required. Had there been, plaintiff-petitioner would have apposed that. They whole point in entering a case is to have BOTH PARTIES ACTIVELY ARGUING.

As a COURT RULE, when a party pleads, the apposing party is expected to respond. Their lack thereof is reflective of default on a pleading.

THE ABSENCE OF EVIDENCE IS EVIDENCE OF ABSENCE. If the defendant fails to respond, it is evidence only that they have no standing and defaulted.

SUMMARY

Plaintiff-appellant has gone through much abuse by the courts, as stated in her Motion For Default Judgment. This case could have simply been resolved by the court by granting the two motions and holding the defendant Storquest accountable for the breaches of lease. Instead, they used means of delay with plaintiff-appellant’s landlord ganging up on her to help the courts further harm her. The landlord attempted to set up a case to evict plaintiff-appellant, on multiple occassions. They violated her mail for the last time, since she filed a full request to forward all mail to her Post Office Box. They, in fact, had no right to invade her privacy, yet they continuously invade it, including illegal entries. There may be remedy taking place with the landlord management yet there is no validated structure at this time.

The supervising judge of the civil cases in New Haven, CT is John Abrams. He illegally evicted the plaintiff-appellant in 2010, on a housing matter which did not have merit to begin with, and was proven by the plaintiff-appellant. The landlord issued a Notice To Quit without following the lease agreement, that the lease would automatically continue and if the landlord chose to end the lease, he was required first to provide a 60-day notice. The court did not even request the lease from him. This was all deliberate actions to break laws and rules-to target the plaintiff-appellant. Judge Abrams once again enjoyed conspiring to harm her through MALPRACTICE OF LAW, by helping Public Storage steal her possessions while she was a full time student at Southern CT State University. A civil case was entered by the plaintiff-appellant. The judge obviously got the marshall to promise to serve the Summons, yet sabatoged her by REFUSING thereafter. The documents were not stapled to help the marshal make whatever copies he needed to make. He yelled at the plaintiff-appellant, delaying mailing back the Summons and Complaint, to disrupt her ability to go forward with her rights, which she had been trying to do for months, BEFORE Public Storage stole her possessions, nefariously claiming she owed $250 in “late charges” which was fraudulent billing. Additionally, the court was well aware that Public Storage never paid the plaintiff-appellant for the $450 she won in a small claim against them. The court ordered the plaintiff-appellant to AMEND her civil lawsuit against them as a means of delay, at which time they stole her possessions and auctioned them off, claiming she was issued a notice in the mail. They never called her. They never emailed her, though they knew her email address. She was a customer for 9 years.

So this is about MODUS OPERANDI. As a Pro Se Litigant who never cared to be caught up in all this abuse by the courts again, she spent a great amount of time just trying to get Storquest to be responsible, to no avail. They now have a new manager who seems to be quite reliable. Yet she said she could not get involved with this legal matter, that their legal department should contact her - yet they have not done anything. They have not called, or emailed, or sent her a letter. This lack of diligence should have been recognized by the Superior Court of New Haven as ANOTHER reason to grant her motion for default, which is, in fact, a state law.

The Federal Court’s Ruling was deliberately inept. They also did what they could to frame the plaintiff-appellant as a criminal, invoking 28 U.S.C. section 1915 as reason to grant her IFP. Though they granted it for the Federal case, which they docketed as 22-1101, they disrupted their own orders by Dismissing the case, rather than make remedy on it by giving attention to the Motion for Injunction, Cease and Desist. There was no trial, no hearings, nothing. Yet he ruled as reason to dismiss using the Anti-Injunction Act which has absolutely no relevance and yet he furthered by making false statements in the opinion - ending it with plaintiff-appellant’s right to appeal the small claim; when SMALL CLAIMS CANNOT BE APPEALED. This was complete abuse and malpractice of law. It is plaintiff-appellant’s opinion that the burden of costs now lie with the Superior Court Of New Haven, being that they disrupted the case deliberately through malpractice of law and frauding the case record. An immediate reimbursement is sought, due to the extreme hardship on the plaintiff-appellant as a disabled, indigent person, who expected that the court would hear and rule on the two motions she submitted when she submitted the small claim for processing upon granting the fee waiver. Though they are supposed to process fee waivers within 48 hours, they waited nearly a week, obviously hoping the delay would be time to further harm plaintiff-appellant in her personal life, which is typical of their DEVIL’S CHESSBOARD TACTICS.

According to the State of Connecticut, Michael Skold was Solicitor General, not Attorney General. Should there have been a CONSTITUTIONALITY STATEMENT made by the plaintiff-appellant, which there was not, it would have been required for her to send a copy to the Attorney General. NO COPIES OF EITHER WAS THE PLAINTIFF-APPELLANT’S REQUIREMENT. ADDITIONALLY, THE SECOND CIRCUIT COURT HAS NO LEGAL RIGHT TO ENTER THE APPEARANCE FOR ANY PARTY.

Wherefore, the plaintiff-appellant concludes that it should be her legal right to have full refund of legal expenses exceeding $5,000 at this point and for the other two issues to be administered regarding Breach of Lease.

Appendix

A - Plaintiff-Appellant’s Motion For Permission to Appeal IFP - to the Federal Court (already submitted yet apparently not given attention)

B - Form D-P and Statement; appropriately prepared and timely submitted

Prepared and Submitted,

PLAINTIFF-APPELLANT PRO SE

______________________

Anne M. Bradley

My blogpost is being hacked right now - I just posted some notes and someone deleted everything - so I had to NOT SAVE the blogpost to at least retain what was here (posted 12/31/2022) Sometimes they hack through BLUETOOTH but it is off now. Most likely it a Bill Gates shill... All feeding the BEAST, which is CIA.

First, I will post my notes collected, not in any certain order....I will then review the history of the case, as I had written it, in order to prepare facts/argument in the same order as written.

I will also include facts such as the inept court procedure shooting from the seat of their pants! If you could see these documents! Including falsely proceeding with a secret case to FRAUD RECORDS, use as a WILD CARD, to call it a counterclaim or other lies. I have to get the RECORD which the federal district court has prepared and the 2d Circuit Court has received for the real case and the fake case!

There is no f*king basis for it, yet they spin it like it was yarn!

Also, their demanding I file IFP as if it is a criminal case was deliberately nefarious! Their telling me I had to file for an attorney also deliberately nefarious! I questioned it all because I was filing an application for injunction/Order for the lower court to grant the Motion for Default as required by state law as well as federal law and court rules. I cited it! This organized crime has to be stopped! I filed the small claim estimating the court costs to be at the least $5,000 - in fact they have a backpocket rule that helps their friends get more money because the small claim can exceed that amount with good cause shown that legal expenses were more. I have to prepare that affidavit as well, because they play their own damn games. Supposedly, once it is ruled in your favor in Superior Court, or you file a Motion For Default Judgment, they are supposed to have a hearing!

I need to stop for the evening, as anxious as I am to get this completed, submitted - it HAS to be tomorrow.

********************************************************************

Memorandum of Law

Motion For Default Judgment

HEARING REQUESTED?

§ 2073. Rules of procedure and evidence; method of prescribing (a)(1) The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section.

No Master should have been appointed on this case because Plaintiff Appellant has not been notified

(e) MASTER’S REPORTS. A master must report to the court as required by the appointing order. The master must file the report and promp

COMMENCING AN ACTION

Rule 1. Scope and Purpose These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.

The court ineptly entered a SECOND Appeal case, which is obviously a wild card for the State of Connecticut to use as a COUNTERCLAIM. THEY HAVE NOT EVEN APPEARED ON THE CASE.

THE COURT DOCKETED THE CASE ON THE MOTION TO PROCEED IFP; AND THEREFORE HAD SHOWN ITS APPROVAL OF IFP. UPON ASKING FOR THE RULING, PLAINTIFF-APPELLANT WAS ASSURED IT WAS GRANTED.

Title 28 U.S.C. 1915 for INMATES! provides for the commencement, prosecution or defense of any suit, action, or proceeding without prepayment of fees and costs. Witnesses shall attend as in other cases.

· Citation: 28 CFR 21.6 copy

· URL: https://www.ecfr.gov/current/title-28/chapter-I/part-21/section-21.6 copy

Part 21

Authority: 28 U.S.C. 509, 510, 1821-1825, 5 U.S.C. 301.

Source: 51 FR 16171, May 1, 1986, unless otherwise noted.

Is 28 USC 1915 Ghost Law? There is no citation of the law! A wild card?

RULE 4, SUMMONS

(c) SERVICE. (1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. (2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint. (3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.

Publication Title

United States Code, 2012 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

Collection

United States Code

SuDoc Class Number

Y 1.2/5:

Contained Within

Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 123 - FEES AND COSTS
Sec. 1915 - Proceedings in forma pauperis / FOR INMATES!

Contains

section 1915

Date

2014

Laws In Effect As Of Date

January 5, 2015

Positive Law

Yes

Disposition

standard

Source Credit

June 25, 1948, ch. 646, 62 Stat. 954; May 24, 1949, ch. 139, §98, 63 Stat. 104; Oct. 31, 1951, ch. 655, §51(b), (c), 65 Stat. 727; Pub. L. 86-320, Sept. 21, 1959, 73 Stat. 590; Pub. L. 96-82, §6, Oct. 10, 1979, 93 Stat. 645; Pub. L. 101-650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104-134, title I, §101[(a)] [title VIII, §804(a), (c)-(e)], Apr. 26, 1996, 110 Stat. 1321, 1321-73 to 1321-75; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327.

Statutes at Large References

27 Stat. 252
36 Stat. 866
42 Stat. 666
45 Stat. 54
58 Stat. 5
62 Stat. 954
63 Stat. 104
65 Stat. 727
73 Stat. 590
93 Stat. 645
104 Stat. 5117
110 Stat. 1321, 1327

Public Law References

Public Law 86-320, Public Law 96-82, Public Law 101-650, Public Law 104-134, Public Law 104-140

28 U.S.C. § 1915(e)(2)(B)(i) provides, “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that the action or appeal is frivolous or malicious.” 28 U.S.C. § 1915(e)(2)(B)(i) (West Supp. 1998).

(d) WAIVING SERVICE. (1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must: (A) be in writing and be addressed: (i) to the individual defendant; or (ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process; (B) name the court where the complaint was filed; (C) be accompanied by a copy of the complaint, 2 copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form; (D) inform the defendant, using the form appended to this Rule 4, of the consequences of waiving and not waiving service; (E) state the date when the request is sent; (F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and (G) be sent by first-class mail or other reliable means. (2) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (A) the expenses later incurred in making service; and (B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses.

SUMMONS

(b) ISSUANCE. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served.

LACK OF DUE PROCESS!

MISSIUNG WORDS BELOW! 28USC 1915 IS USED FOR INMATES! I do the best I can, but my blogposts get altered through CYBER CRIME. A ruling was documented; and as usual, I was never served the ruling! I only got an email notification.

The Court failed to document ruling on Motion For IFP; thisI was nefariously used as a WILD CARD, partnering with the Federal District Court tactic doing a similar thing: DOCKETING THE CASE, yet failing DUE PROCESS OF LAW BY HEARING AND RULING ON MOTION FOR IFP. In both circumstances, they have now framed themselves as having OPENLY GRANTED THE MOTION FOR IFP, AND THEREFORE DETERMINED THE CASE HAS MERIT.

TRUE - THE BELOW CASE WAS BASED ON

FRAUDULENT RECORDS CREATED BY THE COURT!

NO MOTION FOR IFP WAS EVER ISSUED ON 22-2817 - IT WAS FRAUDULENTLY ISSUED ON RECORD, BY ORDER OF JUDGE HAIGHT AT THE FEDERAL DISTRICT COURT OF NEW HAVEN!

IT IS A GENERALLY-KNOWN BELIEF THAT IFP refers to people charged with crimes who cannot afford to pay. The Fed District Court says otherwise, citing 18 USC Title 1915 - which is for inmates!

Pretty damn disgusting they tell you to fill out forms that are for inmates!

They abuse procedure further by telling the plaintiff-appellant that she has to file IFP, when in fact, they have an alternate Fee Waiver process for what the court claims are law-abiding citizens who have low incomes. This, too was addressed to the court as well as the Supreme Court, which rejected her Petition for Certiorari yet most likely racked her up as a financial statistic to obtain more money in their budget.

THE COURT FAVORS REAL SEX OFFENDERS AND WILL DO WHAT THEY CAN TO GET THOSE WHO ARE THE FARTHEST THING FROM THAT - TO BE ENTRAPPED, CONVICTED!

This freaking blogpost was altered by a hacker - considering the fact I do not seek to entrap anyone! Only a psychopath would state something like this.

It is like saying, "I am going to rob the bank now" - they are entrapping themselves! See my point? The technocrats caused the huge bubble in the FEDERAL RESERVE, NOT BEING ABLE TO FIND LI'L OL' $80 TRILLION!

The Court is getting inmates to send me emails - AND GETTING THE TECHNOCRATS TO BLOCK MY ABILITY FROM SPAMMING THEIR EMAILS - they contract criminals to commit more crimes...especially murder. I. t was easily arranged on Alpha Bay, created in he DEEP WEB, which Edward Snowden disclosed how to access, along with about a million other files - which Obama claims he is a hero for. WTF.

So his being in Russia keeps him from doing it again!

(posted 12/31/2022)

ALL MY WIDGETS ARE REMOVED FROM THIS BLOGPOST AND I HAVE TO SAVE IT/ THEN CAREFULLY USE THEM BECAUSE THE F*KHEADS MAKE THEM DISAPPEAR AGAIN.

INTERNET IS NOT A REALITY SPACE BECAUSE IT IS RUN BY ORGANIZED CRIME. REMIND YOURSELF OF THIS!

(posted 12/31/2022 1:17 a.m.)

THIS WAS OBVIOUSLY A REAL SEX OFFENDER, IN MY OPINION:

Daniel C. Medberry is an inmate in the Florida Department of Corrections who is serving a 27 year prison sentence for sexual battery. Upon arriving at the Everglades Correctional Institute on August 22, 1996, Medberry informed the prison officials of his concern of being placed in the prison's general population. Specifically, Medberry advised the prison officials that because his offense of conviction was considered to be "repugnant" by the other inmates, he feared for his physical safety if he were to be placed in the prison's general population.

My suspicion: MOST LIKELY THE DOC officers accused were probably fingered to get rid of because they got in their organized crime way

After exhausting all of his administrative remedies, Medberry filed suit on February 6, 1997, in the United States District Court for the Southern District of Florida pursuant to 42 U.S.C. 1983 against four prison officials, Joe Butler, J. Johnson, R. Ashley, and Carl Berry, in their individual and official capacities, alleging that these four individuals acted with deliberate indifference for his safety in violation of the Eighth Amendment by placing him in the prison's general population. Medberry also alleged that he had been in administrative confinement since December 6, 1996. Along with his Complaint, Medberry filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. 1915.

IMMINENT DANGER SUPERSEDES THE BASEBALL RULE/THREE STRIKES…..

Anyone else wonder why Dr. Petit claimed he was hit with a BASEBALL BAT when he lacerated his forehead and had to have stitches - the Petit mom and daughters were kidnapped, tortured, raped and ALL burned alive, including the mother. The media lied about her being strangled to death. She was still breathing because smoke was in her lungs! I was at the trial, I know! I wanted justice for the ones murdered! Her father was a retired minister! I met the Hawks and they were the most loving people and wrote to me in between times they went to Connecticut from their Pennsylvania home. ILLEGAL INTRUDERS STOLE THEIR ADDRESS, YANKED IT OUT OF MY ADDRESS BOOK, WHICH I ACCIDENTALLY LEFT IN MY SUPPOSED-TO-BE-SECURE APARTMENT! NOT ONE DAMN APARTMENT IN THIS STATE WAS SECURE!

APPARENTLY HIS MOTION WENT THROUGH ENOUGH HANDS TO RESULT IN JUSTICE Therefore, the district court's decision to deny Medberry in forma pauperis status pursuant to 28 U.S.C. 1915(g) is AFFIRMED.
The Prison Litigation Reform Act became effective on April 26, 1996.

THE COURTS MADE INDIGENCY ITSELF A SELF-SERVING BUSINESS, LINING A LOT OF POCKETS! https://www.pdffiller.com/5505366-fillable-middle-district-of-fl-indigent-form-flmd-uscourts

What is a 42 USC 1983 claim?

Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.

42 USC 1915 (a)

(a)(1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. ?Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that the person is entitled to redress.

(3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.

FORM TO APPLY FOR A FEE WAIVER SHOULD HAVE BEEN THE AO 239

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (LONG FORM)

YET IT IS Significant to say that the description “without prepaying” is an opportunity to deceive and even further harm people by burglarizing their homes, as the Connecticut Bar Association has supported through Statewide Grievance or another legal entity. All they need is a party to make a claim - any claim, a false claim is fine. And upon the judge ruling the false claim is valid, they will steal your possessions! I read this myself as I was looking for other things - because my flashdrives were stolen when I was in NYC - I cannot access the actual source! All completely illegal, and it is common practice for judges to rule in favor of FALSE CLAIMS, INEPT SMALL CLAIMS FORMS, UNJUSTIFIED - AS PART OF AN UNDERGROUND ORGANIZED CRIME!

Civil defendants in federal court are obliged to waive service. All of them, with the notable exception of various governments. I give you Rule 4(d)(1):

An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons.*

FEDERAL COURT RULED THAT ONLY DEFENDANT WAS SUPERIOR COURT OF NEW HAVEN,

WHICH HAS REPEATEDLY FAILED TO ABIDE BY THE LAW REGARDING FEE WAIVERS AS WELL AS FAILURE TO APPEAR CAUSING DEFAULT, AND DUE PROCESS OF LAW.

If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:

(A) the expenses later incurred in making service; and

(B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses.

=================================================

UPDATE 12/24/2022

This was submitted:

UNITED STATES COURT OF APPEALS

For the

SECOND CIRCUIT

December 23, 2022

)

) Case No. 22-CV-1101

ANNE M. BRADLEY )

) FED DIST COURT FILE ALSO NOTED 22-CV-1101

V. ) corrected to 22-cv-2741 before

) submission

Superior Court - New Haven,CT )

)

Plaintiff-Appellant’s Statement regarding Memorandum Of Law and Appendix for

Motion For Default Judgment

Due to closure of both the Federal District Court and the State Superior Court, plaintiff-appellant was not able to complete the Memorandum of Law by today, Friday, December 23, 2022.

Documents were needed to obtain from the Federal District Court; namely the two RECORDs which the Federal District Court failed to submit to the plaintiff-appellant although the Second Circuit Court has them. One Record would be for aforesaid case, and the other for a case which the Federal District Court made up, which Pro Se Plaintiff-Appellant considers to be FRAUD.

Regarding the Superior Court, Plaintiff-Appellant intended to stamp in this MEMORANDUM OF LAW as a matter of record; and request they fax it to the alleged attorney who represents them, though no appearance has been made.

This Statement will be included in appendix to the Motion For Default Judgment and at the time the motion is served on the DEFENDANT it will be made available.

Prepared and Submitted,

FOR THE PLAINTIFF-APPELLANT

_________________________

Anne M. Bradley, Pro Se

PO Box 206514

New Haven, CT 06520

PH xxx xxx xxxx

======================================

UPDATE 1/12/2023

I prepared a number of documents, which go along with more documents, based on a multiple-mailing coming from Second Circuit Court:

UNITED STATES COURT OF APPEALS

For the

SECOND CIRCUIT

January 12, 2023

)

) Case No. 22-CV-2741

ANNE M. BRADLEY )

)

V. )

)

Superior Court - New Haven,CT )

)

Plaintiff-Appellant’s Notice

Second Circuit Court’s

DEFECTIVE FILING AND

ABUSE OF PROCEDURE

DEFECTIVE FILING AND ABUSE OF PROCEDURE

1. Appeal as Informa Pauperus was motioned by plaintiff-appellant on the Second Circuit Court due to the Denial of the Federal District Court.

a) Abuse of Procedure/Fraudulent Records: The Federal District Court ineptly conspired with the Second Circuit Court to SECRETLY CREATE an Appeal Numbers 22-cv-2817 and 22-cv-2741 - ON THE SAME APPEAL OF FEDERAL DISTRICT COURT CASE 22-01101 - which would ineptly cause the time-watch of 14 days to submit appeal documents to initiate and therefore intercept the plaintiff-appellant’s right to appeal.

i. There was NO APPEAL NUMBER ON THE INEPT DENIAL OF APPEALING BY THE FEDERAL DISTRICT COURT!

2. Appeal Documents as well as Motion To Appeal were all served on the Defendant Superior Court of New Haven, CT, in person, as a matter of right by the plaintiff-appellant.

a) Court Rules regarding service of documents have been cited as a reminder in plaintiff-appellant’s MOTION FOR DEFAULT (due to failure to appear by defendant) as well as in CLAIM FOR RELIEF, which oddly, the Second Circuit Court Rules ALLOW non-appearing defendant to respond to as if it was a motion and as if defendant was appearing on the case.

3. Second Circuit Court ENTERED APPEAL DOCUMENTS AS PART OF THE RECORD

a) Yet, the court thereafter sent a rejection, which makes absolutely no sense at all

b) The Appeal is ACTIVE

c) There is only ONE CASE NUMBER, 22-CV-2741

4. Case No. 22-cv-2817 is FRAUDULENT

a) Not one document which the Court has entered on this FAKE CASE has any relevance and never did the appellant-plaintiff submit appeal TWICE. Had the Pro Se Plaintiff done so, it is the court’s obligation to CORRECT THE ERROR MADE BY A PRO SE PLAINTIFF. In this case, this is clearly a circumstance of FRAUDULENT RECORDS.

b) In a letter by non-appearing Timothy J. Holzman, Special Litigation with the State of Connecticut Attorney General’s office, he states: The District Court dismissed Plaintiff’s Complaint with prejudice pursuant to the Anti-Injunction Act; See Bradley v. Superior Court of New Haven, No. 22-01101-CSH, ECF No. 6.

i. Additionally, this attorney claims “Defendant was never served with process” WHICH IS FALSE

ii. Had the court recognized the defendant not being served with process, the court would have dismissed the case on that issue ALONE. In fact, at no point in an inept SIX PAGE RULING which ABRUPTLY STOPPED PROCEEDINGS FOR NO LAWFUL REASON, there was not even mention of the Defendant not being served!

iii. Defendant failed to enter appearance!

iv. The Court docketed the case and scheduled out the case for when briefings and hearings were scheduled!

v. The unlawful and abrupt OPINION OF DISMISSAL had NOTHING TO REFLECT DUE PROCESS OF LAW! It was deliberate MALPRACTICE OF LAW, PARTNERING WITH THE SUPERIOR COURT OF NEW HAVEN.

5. Plaintiff-Appellant emailed the non-appearing court, using the email address which is made PUBLIC RECORD, ExternalAffairs@jud.ct.gov

a) Though they were served both MOTION FOR DEFAULT AND CLAIM FOR RELIEF DOCUMENTS in this manner, plaintiff-appellant presented them in person on January 11, having paid over $60 for the printing of them, to the court.

i. The court, defendant-appellee, ineptly REFUSED to take them, telling plaintiff-appellant to have a marshal serve these pleadings.

ii. The court also used TWO MARSHALS TO FORCE HER TO LEAVE, despite showing no intent to refuse to leave on her own accord; only seeking to have a conversation with an employee who would not be aggressive with her as the unknown female clerk was, not an attorney - just someone ordered to defy the court rules and say “too bad; we don’t care what the rules say”

1. TWO armed MARSHALS acted like two gang members to threaten harm to the plaintiff-appellant.

2. One of the marshals went in the elevator, expecting the plaintiff-appellant to enter, which she refused to do, saying she considered them as a harmful threat and attempted to take another elevator, which they intercepted. Once the marshal got out of the elevator, the plaintiff-appellant entered it.

3. This should be visible on surveillance video, as long as it is not technocratically-manipulated, as the court does as MODUS OPERANDI on many records.

6. As shown in the Accompanied documents, which are paginated, the Federal Express mailing of both the MOTION FOR DEFAULT JUDGMENT AND CLAIM FOR RELIEF - BOTH WITH APPENDICES - is due to be served on the DEFENDANT Superior

Court of New Haven, CT - TODAY, JANUARY 12, 2023. ELECTRONIC VERSIONS HAVE ALREADY BEEN RECEIVED, AS PROVIDED IN THE ACCOMPANIED DOCUMENTS.

7. It is the obligation of the SECOND CIRCUIT COURT OF APPEALS TO ADMINISTER THE LAW AND NOT PARTNER WITH LOWER COURTS TO FURTHER THE CORRUPTION WHICH ALREADY OBVIOUSLY EXISTS.

8. Aforesaid case is rooted in a company which has deliberately broken laws, including BREACH OF CONTRACT. A simple granting of MOTION FOR CEASE AND DESIST/INJUNCTIVE ORDER would have most likely resolved the matter. A temporary one could be issued from the bench WITHOUT HEARING. A permanent one could be marked for hearing. The court failed to do either.

a) It is obvious the Defendant-Appellee Superior Court of New Haven, CT partnered with the Defendant Storequest to COVER UP THE FACT THAT STORQUEST WAS NOT A REGISTERED COMPANY, THAT THEY DID NOT EVEN HAVE AN AGENT OF SERVICE, AND MORE.

b) The fact that Superior Court of New Haven only implemented MALPRACTICE OF LAW AND FAILED TO APPLY DUE PROCESS OF LAW is not only intentional, but UNCHECKED, UNACCOUNTED FOR - FAVORING THE PARTY AT FAULT.

9. TIMOTHY J. HOLZMAN is not a registered/approved attorney to practice in the Second Circuit Court. Plaintiff-Appellant is aware of this because the REAL case manager, Markus, informed her that the only Connecticut attorney who has registration in the Second Circuit Court of Appeals, through the Attorney General’s office, is Michael Skold, who was appointed as SOLICITOR GENERAL, which in fact would disqualify him from representing the state on aforesaid Second Circuit Appeal since Solicitor Generals deal with US Supreme Court Cases only. ADDITIONALLY, THERE IS NO APPEARANCE!

10. This case has nothing to do with a criminal case. Both the Federal District Court and the Second District Court ineptly allowed an unlawful processing, which they requested, not the indigent Pro

Se plaintiff-appellant, of IFP Pursuant to a law for inmates! 28 USC 1915! This is another DELIBERATE inept MALPRACTICE OF LAW.

11. The Second Circuit Court has no right to FRAUD RECORDS, CLAIMING THAT APPEAL DOCUMENTS MADE BY THE PLAINTIFF-APPELLANT ARE DEFECTIVE; further claiming them to be defective for Proof of Service - when in fact, the Motion for Appeal In Forma Pauperus was served the same way, and all other pleadings, on the non-appearing defendant. For Attorney Holzman to provide a letter claiming the Attorney General failed to appear because they consider the case without merit, as if they were the counsel for the plaintiff-appellant - is additional MALPRACTICE OF LAW. They have no power to retract their appearance as defendant on the case - and the letter by yet another non-appearing attorney, using the fraudulent case of 22-2817 - is only reflecting more corruption, more partnering, as apposed to ADMINISTRATION OF JUSTICE.

This concludes this court document, comprising of SIX PAGES along with paginated supporting documents, of which is titled Plaintiff-Appellant’s Notice

Second Circuit Court’s

DEFECTIVE FILING AND

ABUSE OF PROCEDURE

____________________

Anne M. Bradley, Pro Se

PLAINTIFF-APPELLANT

PO BOX 206514

NEW HAVEN, CT 06520

PH. 203-909-9131

CERTIFICATION OF SERVICE

Plaintiff-Appellant’s Notice

Second Circuit Court’s

DEFECTIVE FILING AND

ABUSE OF PROCEDURE

With Supporting Documents

Prepared 1/12/2023

Aforesaid document has been emailed this day, 1/12/2023 to the non-appearing defendant:

externalaffairs@jud.ct.gov

There has been no rejection of the email and proof of email is attached as last page of this scanned pdf to the Second Circuit Court.

__________________

Anne M. Bradley, Pro Se

PO Box 206514

New Haven, CT 06520

Ph. 203-909-9131

===============================

UNITED STATES COURT OF APPEALS

For the

SECOND CIRCUIT

January 12, 2023

)

) Case No. 22-CV-2741

ANNE M. BRADLEY )

)

V. )

)

Superior Court - New Haven,CT )

)

NO STRUCTURE ON SOLICITOR GENERAL

The following pages is a section reflecting the Plaintiff-Appellant’s efforts in determining the duties and legal structure of the Office of Solicitor General.

FINDINGS

1. Solicitor General is Appointed by the Attorney General; to be in Charge of the Appeals Cases

a) Found: Appeal Case with no mention of Solicitor General; copies provided - Included in this segment of documents.

b) Found: Special Litigation and Charities Section has not listed SOLICITOR GENERAL as part of this activity. Yet stated: “The section also plays a LEADING role in the preparation of appeals….”

2. Michael Skold did NOT have a Juris number or Title for an unknown length of time, which has already been presented to the Second Circuit Court

3. As Deputy Solicitor General, supposedly the State claims that office is in charge of all appeals, which is found NOT to be the case; and attorneys file appearances on those cases.

a) The Second Circuit Court filed a rogue “fiat” appearance, which is by force, claiming that Attorney Skold has appearance yet there is no appearance form submitted, when the plaintiff-appellant has filed her appearance form.

b) As already mentioned, Motion To Appeal In Forma Pauperus cannot be split up, as the Federal District Judge nefariously did through conspiring with the Second Circuit Court, which secretly issued an appeal number PRIOR to Federal District Judge’s ruling/opinion - which did not record this secret appeal number, 22-cv-7841.

c} Upon filing Motion To Appeal In Forma Pauperus to the Second Circuit Court, Plaintiff-Appellant was VERBALLY told to use that appeal number on her documents, when there was no appeal submitted. No documented order was issued; therefore Plaintiff-Appellant referred to both numbers.

i. These tactics disrupt DUE PROCESS OF LAW.

4. CONCLUSION; There is no structure on the Office of Solicitor General. There is no structure in the Appeal Process. There is no transparency by the State of Connecticut. They do what they feel like doing as apposed to abiding by the law, administering the law.

a) For an attorney to even admit that he/The Office of the Attorney General, “Special Litigations” that he failed to appear because HE decided the case had no merit, failing to file any pleading, is ILLEGAL ON ITS FACE. Only a counsel for a PLAINTIFF-APPELLANT, OR DEFENDANT-APPELLANT may have that liberty. Yet they get paid six figure incomes and nobody cares that they do not administer the law; they are only obsessed with “feeding the beast” which is a corrupted company, co-founded by a man who was sentenced to life in prison for raping and molesting his victims, including children; and is probably enjoying an identity change and not even in prison! (Warren Jeffs is probably Clark Porter, or another individual)

i. MODUS OPERANDI: Phil Giordano, former mayor of Waterbury, CT is obviously multimillionaire Dan Cordani, who became CEO of CIGNA a month after Giordano was sentenced - time enough to get plastic surgery on his eyes and possibly mouth to alter his appearance, yet enjoy fooling the public even though he states to be from

Waterbury, to be the same age, and so forth. If anyone has come forward to state this need to investigate, they may have been harmed as a consequence.

5. All appeal forms were properly prepared and submitted. If they were not, the court is obligated to return them; instead the court devised a “reason” to claim they were defective; using false information, since the Superior Court had been served those forms in person by the Pro Se plaintiff-appellant as a matter of right.

6. Rules and laws have been diligently cited by the plaintiff-appellant in the Motion For Default and CLAIM FOR RELIEF.

a) Considering the psychopathic behavior of courts partnering with corrupted businesses, plaintiff-appellant emphasizes that when the maintenance supervisor entered her apartment this week, responding to a maintenance work order request submitted months ago (to change the lint filter in the dryer) he literally RELIEVED HIMSELF IN PLAINTIFF-APPELLANT’S GARBAGE CAN WHICH WAS FACING THE DRYER.

This is such a disgusting reflection of the organized crime which oftentimes takes place in the courts, with no accountability required - only using it as a nefarious message to those who seek their legal rights - they could harm them more if they don’t “back off”, which is simply expecting administration of the law.

A corrupted business could have been corrected - and those employees who just care about doing good jobs could have their own self-worth restored as well as assurance that good service prevails; not organized crime. All that was needed was a CEASE AND DESIST ORDER SINCE THEY BREACHED THE CONTRACT and had to be corrected.

As one who has been through the mill with corruption from attorneys, including a married judge who made passes at her, which she rejected, this plaintiff-appellant Pro Se will not put up with the continuous dishonesty, fraud, and more which the courts often use as part of their activity. May this be a public notice that the Second Circuit Court needs to correct itself in its failure to administer the law. Failure to Appear is in fact a deliberate, illegal act. Telling a pro se litigant that they have to file a fee waiver

pursuant to a law created for inmates is not only fraudulent, but defamation of character and creating a nefarious reason to dismiss a case. It is also an indicator of MANY, which the courts have stooped to, rather than administer the law, which includes abiding by the US Constitution; namely DUE PROCESS OF LAW.

THE CLAIM FOR RELIEF STILL STANDS. This document is to emphasize “the elephant in the room”.

Prepared and Submitted,

FOR THE PLAINTIFF-APPELLANT PRO SE

_____________________

Anne M. Bradley

PO Box 306514

New Haven, CT 06520

Ph. 203-909-9131

==========================================

BTW, the maintenance supervisor took HIS "claim for relief" literally in my garbage can in my bathroom, facing the dryer, which he was supposed to change the filter on - instead vandalized it and went to the bathroom in the garbage can! My suspiscion: they hypnotized him to do that. He was a cook at the casino before he became maintenance supervisor for a 32-floor apartment building. WTF -- they probably microchipped him as part of their transhumanism tactics.

===============================================

UNITED STATES COURT OF APPEALS

For the

SECOND CIRCUIT

January 3, 2023

)

) Case No. 22-CV-2741

ANNE M. BRADLEY )

)

V. )

)

Superior Court - New Haven,CT )

)

CLAIM FOR RELIEF

Motion For Default Judgment

STATEMENT OF THE GROUNDS

1. Plaintiff-appellant submitted her motion for permission to Appeal In Forma Paupris diligently

2. The Court did not provide its ruling; yet pulled up a backdated appeal number and claimed it was being processed

3. The Court provided with instruction for the plaintiff-appellant to PROCEED, issuing dates for brief, etc in its DOCKET SHEET.

4. All appeal forms were completed IN ACCORDANCE WITH THE RULES, stamped in by the non-appearing DEFENDANT, and

submitted to the court through email since plaintiff-appellant is not

registered on CMECF or PACER, as she so-wanted due to expectation that cyber crime would not occur.

a. This includes Plaintiff-appellant’s Form D-P along with the suggested/optional statement when no transcript is available

b. The Chief Clerk marked this document as defective, when it met all requirements.

b) Copy of this Form D-P and the Statement which accompanied it are attached for record purposes. These are what was already submitted to the court. There was no “DEFAULT by Plaintiff” - as stated by the Chief Clerk in a letter. In fact, any failure to do something by the plaintiff (which has NOT occurred) would most likely be deemed as nonsuit, since

DEFAULT refers to the Defendant-Appellee. As a Pro Se, plaintiff-appellant does her best to adhere to orders that are substantiated by the rules; and considers other orders DEFICIENT, particularly not documented by the court, which shows DECEPTIVE TACTICS, not administration of the law.

PLEADER IS ENTITLED TO THE RELIEF

1. Nonappearance of a DEFENDANT disrupts a case proceedings, and caused DEFAULT.

and this judge made this frivolous order on August 11, as apposed to when the court received this motion as well as Motion For Disclosure with Small Claim and Complaint in June 2022. Even if priority mailing was required, which it isn’t, IT WAS MOOT. THE DEFENDANT FAILED TO APPEAR.

3. The Defendant Storquest in the Superior Court Case:

a) Breached the lease

i. Terminated the lease when the rent was not even delinquent

ii. Added nefarious charge of insurance, which is not required on the lease, which was initiated January 2013

iii. Nefariously scheduled the disabled pro se plaintiff-appellant’s possessions for auction, when they had no right to her possessions

4. THROUGHOUGHT THESE PROCEEDINGS IN LOWER COURTS, PLAINTIFF-APPELLANT HAS EMPHASIZED RELIEF SOUGHT:

a) Injunctive Order to Restore Lease

b) Reimburse for LEGAL EXPENSES, including time which has been modestly reported by the plaintiff-appellant

c) Issue Warning to this company that severe penalties would

take place if they do not make remedy.

5. The Superior Court of New Haven only reflected MALPRACTICE OF LAW. They, in fact, could have granted the motions which were with the Small Claim Form, resolved the case swiftly so the plaintiff-appellant would have her rights as a legitamate customer at that facility for almost ten years (since January 2013): 1. Motion For Injunctive Order to Cease & Desist;

and 2. Motion For Disclosure, to determine the corporate offices of Storquest, to determine their agent of service, since not even the Secretary of State cared about their records being ineptly managed, and refused to enforce business laws.

DEMAND FOR RELIEF SOUGHT PURSUANT TO FRCP 8 (3)

1. LEGAL EXPENSES - exceeding $5,000 (attached affidavit)

2. ORDER RESTORE LEASE WITH STORQUEST, WHICH WAS ILLEGALLY TERMINATED

3. ORDER WARNING TO STORQUEST THAT FURTHER BREACHES WILL RESULT IN STIFFER OUTCOMES AGAINST THEM

APPARENTLY according Rule 8, the non-appearing defendant may have the right to dispute CLAIM FOR RELIEF. Apparently the Effect of Failing to Deny - is automatic presumption for the defendant, which is unconstitutional, indicating the following: If a responsive pleading is not required, an allegation is considered denied or avoided. This rule is oddly-written as if you can have it both ways. As a COURT RULE, when a party pleads, the apposing party is expected to respond. Their lack thereof is reflective of

default on a pleading.

THE ABSENCE OF EVIDENCE IS EVIDENCE OF ABSENCE. If the defendant fails to respond, it is evidence only that they have no standing and defaulted.

Rule No. 8 seems to reflect leverage for the court to have power to CREATE a case as without merit AFTER it is determined to have merit for Pro Se indigent filers who file “Motion To Appeal In Forma Pauperus” - which would reflect a DEVIL’S CHESSBOARD tactic, rather than upholding the law.

SUMMARY

continuously invade it, including illegal entries. There may be remedy taking place with the landlord management yet there is no validated structure at this time.

ability to go forward with her rights, which she had been trying to do for months, BEFORE Public Storage stole her possessions, nefariously claiming she owed $250 in “late charges” which was fraudulent billing. Additionally, the court was well aware that Public Storage never paid the plaintiff-appellant for the $450 she won in a small claim against them. The court ordered the plaintiff-appellant to AMEND her civil lawsuit against them as a means of delay, at which time they stole her possessions and auctioned them off, claiming she was issued a notice in the mail. They never called her. They never emailed her, though they knew her email address. She was a customer for 9 years.

Southern Connecticut State University “kicked her off campus” when there was no incident! They refused to allow her legal right to hearing and ordered her teachers not to allow makeups for midterm exams she could not take due to abusive university police - namely Chief Mark Delieto, whose father was a prior mayor of New Haven, which implements is government as SOCIALISM. Plaintiff-appellant filed a lawsuit including Delieto as a defendant yet the court abused procedure and dismissed the case.

These proceedings reflects a MODUS OPERANDI. As a Pro Se Litigant who never cared to be caught up in all this abuse by the

courts again, she spent a great amount of time just trying to get Storquest to be responsible, to no avail. Storquest now has a new manager at the New Haven facility who seems to be quite reliable. Yet she said she could not get involved with this legal matter, that their legal department should contact her - yet they have not done anything. They have not called, or emailed, or sent her a letter. This lack of diligence should have been recognized by the Superior Court of New Haven as ANOTHER reason to grant her motion for default, which is, in fact, a state law.

The Federal District Court’s Ruling (located in Appendix) was deliberately inept, as fully described by the plaintiff-appellant in her Motion for Permission To Appeal In Forma Pauperus. They also did what they could to frame the plaintiff-appellant as a criminal, invoking 28 U.S.C. section 1915 as reason to grant her IFP. Though they granted it for the Federal case, which they docketed as 22-1101, they disrupted their own orders by Dismissing the case, rather than make remedy on it by proceeding as a lawsuit case as ordered, with scheduled dates docketed. There was no trial, no hearings, nothing. Yet he ruled as reason to dismiss using the Anti-Injunction Act which has absolutely no relevance (based on cases heard with Due Process of Law, not “shoved under the

bus” like aforesaid case and there was no relevance, even remotely like aforesaid case. A plaintiff would not ask the court to stay its own proceedings. Defendants motion this) and yet he furthered by making false statements in the opinion - ending it with plaintiff-appellant’s right to appeal the small claim; when SMALL CLAIMS CANNOT BE APPEALED. This was complete abuse and malpractice of law. It is plaintiff-appellant’s opinion that the burden of costs now lie with the Superior Court Of New Haven, being that they disrupted the case deliberately through malpractice of law and frauding the case record. An immediate reimbursement is sought, due to the extreme hardship on the plaintiff-appellant as a disabled, indigent person, who expected that the court would hear and rule on the two motions she submitted when she submitted the small claim for processing upon granting the fee waiver. Though they are supposed to process fee waivers within 48 hours, they waited nearly a week, obviously hoping the delay would be time to further harm plaintiff-appellant in her personal life, which is typical of their DEVIL’S CHESSBOARD TACTICS.

According to the State of Connecticut, Michael Skold was Solicitor General, not Attorney General. The Second Circuit Court altered the Docket Sheet (located in Appendix) rather than issuing it as a

REVISION, indicating William Tong, AG of Connecticut, was terminated, which is false. Should there have been a CONSTITUTIONALITY STATEMENT made by the plaintiff-appellant, which there was not, it would have been required for her to send a copy to the Attorney General. NO COPIES OF EITHER WAS THE PLAINTIFF-APPELLANT’S REQUIREMENT. ADDITIONALLY, THE SECOND CIRCUIT COURT HAS NO LEGAL RIGHT TO ENTER THE APPEARANCE FOR ANY PARTY.

Wherefore, the plaintiff-appellant concludes that it should be her legal right to have full refund of legal expenses with a running Total as of today, of $9, 688.88; and for the other two issues to be administered regarding Breach of Lease.

Appendix

A - Plaintiff-Appellant’s Motion For Permission to Appeal IFP - to the Federal Court (already submitted yet apparently not given attention) Page 1

B - Form D-P and Statement; appropriately prepared and timely submitted; Appearance Form also/proof of submission Page 24

C- Affidavit of October 2022 and current updated statement

of costs to supplement CLAIM FOR RELIEF. Page 34

D- Motion For Leave To Proceed IFP, 8/31/2022 Pursuant to 28 USC 1915, AS REQUESTED BY THE FEDERAL DISTRICT COURT FOR THE Pro Se Plaintiff-Appellant TO COMPLETE Page 39

E- Pro Se Applicant’s Request For Immediate Return of File Due to Lack of Litigation - satisfied by the Federal District Court with no response. Also, revised MEMORANDUM OF LAW, MOTION FOR DEFAULT JUDGMENT, 12/30/2022 Page 95

F- Federal District Judge’s Opinions/Orders Page 130

G- Plaintiff’s Notice of Intent to Plead, 9/16/2022, and shortly thereafter, after discovering 6-page Opinion (never served on the Plaintiff-appellant); Plaintiff’s Notice of Intent to Appeal, 9/19/2022

H- Federal Case Docketed - Court of Appeals Page 164

I- Lease with Storquest which originated by New Haven Self Storage when they owned the facility; continued by Storquest Page 180

J- Letter to Chief Clerk Wolfe with attachments Page 182

K- Emails on Court Actions (incomplete) from the Federal District Court to Pro Se Plaintiff, who never registered on CMECF, and never indicated she would. Documents 1020 referenced Page 206

L- December 2022 updates: Statement of Certificate of Service 12/6/2022 at Page 226; Request For Court Order, Records 12/9/2022 at Page 232; Letter to Fed District Court 9/8/2022 at Page 235; Emergency Motion For Temporary Injunction to US Supreme Court 10/6/2022 at Page 239; Affidavit Accompanying Motion For Permission To Appeal In Forma Pauperis, 11/10/2022 at Page 241; Docket Sheet on Case 22-2817, 10/31/2022 at Page 244; General Docket for Case 22-2817, 12/9/2022 at Page 245; Procedures to Reinstate Appeal Dismissed on Default (Default is caused by defendant, not plaintiff so this is so bizarre! Plaintiff causes non-suit!) Page 247; Appendix: Length Limits Stated in the FRCP Page 248; Distribution of Instructions and Forms for Pro Se Parties in US and Private Civil Cases at Page 249; Case Query at Page 250; Letter as Supplement to Clerk of the Court, 1/5/2023 at Page 252. EMAIL CONFIRMATIONS TO externalaffairs@judct.gov - Superior Court New Haven at Page 255 ####

This concludes Plaintiff-Appellant’s CLAIM FOR RELIEF of 14 pages, on January 4, 2023. Appendix is attached, comprising of

Prepared and Submitted,

PLAINTIFF-APPELLANT PRO SE

______________________

Anne M. Bradley

PO Box 206514

New Haven, CT 06520

Ph 203-909-9131

CERTIFICATION OF SERVICE

PLAINTIFF-APPELLANT’S CLAIM FOR RELIEF

WITH APPENDIX

Prepared 1/5/2023

Aforesaid document has been emailed this day, 1/6/2023 to the non-appearing defendant:

externalaffairs@jud.ct.gov

In the near future, plaintiff-appellant will verify in person with that court to ensure they have this document. There has been no rejection of the email and proof of email is attached as last page of this scanned pdf to the Second Circuit Court.

__________________

Anne M. Bradley, Pro Se

===============================================

================================================

This is the last I will share - I hope to post a few scanned documents, probably in the other blogpost titled MOTION FOR DEFAULT JUDGMENT. TOMORROW OR IN THE NEXT FEW DAYS.

Anne M. Bradley

Pro Se, Indigent Plaintiff-Appellant

Case No 22-2741

PO Box 206514

New Haven, CT 06520

January 5, 2023

Catherine Hagan-Wolfe

Clerk of the Court

United States Court of Appeals

Second Circuit

Thurgood Marshall United States Courthouse

40 Foley Square

New York City, NY

Dear Attorney Wolfe:

This letter is to supplement the letter I have written on January 2, which is at Page 183 of my Appendix on CLAIM FOR RELIEF, submitted today. This letter is also being made part of the APPENDIX.

There are additional issues I want to emphasize:

1. It has been very stressful for me to prepare these documents as a Pro Se - and in addition to repeatedly claim the court has been incorrect.

2. No court may separate a motion as if it was filed as a Part A and a Part B. I filed a Motion For Permission To appeal In Forma Pauperis. The court seemed to be pulling constant tricks, to trip me up, and create a dynamic to use as excuse to dismiss this case, despite obvious abuse of procedure. As I have also referred to this, DEVIL’s CHESSBOARD tactics. Very likely it is to make me give up. Particularly the abuse of procedure.

3. September 6, I sent a letter to the Federal District Court, as a follow-up of my efforts to get an Application For Injunction processed. I was direct with my issues because it was obviously considered my efforts as some kind of joke; that is my impression. I rightfully won the Superior Court Case due to failure to appear by the defendant and by law, the clerk of the court is obligated to grant my Motion for Default. See pages 234-237.

4. I filed an Emergency Motion to the US Supreme Court after the Federal District Judge not only dismissed the case but ordered it to be

closed and he refused to take any further pleadings. It is right in his opinion, which is so far from being lawful that I had little ability to get my rights. For them to docket the case and schedule it out - then inadvertently dismiss it and deny my motion was completely nefarious.

5. I requested the return of my original documents since the case was not litigated - rather the rug was pulled out from my feet, AGAINST COURT RULES OF PRACTICE. That was abusive to me and as I stated, it backed me into a corner - having a very difficult time to just get my rights.

6. I filed a Petition of Certiorari and submitted nothing more to the Federal District Court (except my appeal when the US Supreme Court rejected my Petition) The court documents, 7-18 on Case No. 22-cv-1101 in the Federal District Court were nefariously and fraudulently placed on record to allude I was still entering documents. THAT IS FRAUD. I am concerned someone at the US Supreme Court put them up to doing that. The District Court Judge even nefariously ruled on copies of documents which I sent to the Supreme Court, motioned the Supreme Court. There was no mandate issued to remand it to their court. Obviously I had told the US Supreme Court that I considered it wrongful for the Federal District Court not to grant the Petition for Injunctive Relief, particularly since the Superior Court undermined my right to DUE PROCESS OF LAW.

7. The constant need for me to unravel this abuse of process is even more difficult than actually representing myself. No court should be allowed to break laws and rules to fit whims of bureaucrats.

8. This Storquest case has similar circumstances to what Public Storage did to me - and I lost valuable keepsake property as well as very important documents, which were also stolen. Thereafter the manager claimed he set the documents aside, WITHOUT TELLING ME, OF COURSE BECAUSE HE WAS LYING. Storquest got the help from Judge Abrams to get away with their criminal acts. Even though he knew that Storquest owed me $450; and Storquest was auctioning off my posessions EVEN THOUGH THEY GOT MY RENT EVERY MONTH AND WERE FRAUDULENTLY BILLING ME, saying I owed them $250! They never paid for the $450 and the court was well aware of that, only telling me that my complaint was not accepted the judge - Abrams - requested I amend it! The same judge who illicitly evicted me and the US Supreme Court REFUSED to hear my Emergency motion, which is a matter of right! The eviction case had no merit to begin with! The lease clearly indicated it would automatically continue and if the landlord so chose to end it, he would have to BEGIN with sending a 60-day notice to me! The court was well aware of that because I, not the landlord,

provided the lease. The court should not have even docketed the case without the landlord proving the case! Instead, they got the landlord to enter a Small Claim against me - another very illegal sideline, which the Small Claims even went along with despite the fact they knew I was paying my rent into court!

9. The law seems to have no relevance! Pages 241 and 242 are examples of the appeal documents I submitted on November 10, 2022 - it is obvious the case number was changed. I WAS TOLD TO CHANGE IT FROM THE FEDERAL DISTRICT CASE NUMBER, AS SO-TITLED ON THE FORM, to the backdated case number which was inadvertently processed secretly, with no notifcation to me AND YOUR OFFICE FAILED TO SEND ME ANYTHING IN THE MAIL, TO INCLUDE THESE APPEAL FORMS required! It was a deliberate fraudulent attempt to keep me from being able to appeal, since the appellant has 14 days to produce the appeal forms, from the date the appeal/case is entered!

10. I had to call the Appellate Court many times to get anyone just to find out what the process was since my Petition for Certiorari was rejected and it proved to be more deprivation of my rights.

11. Petitions are not arguable by an apposing party. So why is it this case was marked with “Answer in Opposition” and why was the Second Circuit Court secret with their duty to certify mail to the defendant on this aforesaid case, REFUSING to provide me that certification of mailing? They did not even appear, that’s why! And your court has no legal right to file an appearance for them. See Page 247.

12. As I have emphasized over and over, “There is no appearance by Defendant”, Page 248.

13. If there was justice, I would not have gone through such hell on cases that were ineptly dismissed, reflecting continuous MALPRACTICE OF LAW. I was illegally evicted, poisoned with lead in my water, which caused me to have a heart attack, illegally arrested twice, and forced out of school as a matriculated student, denied my rights to appeal or have a hearing - when there was no incident! Only lying police who served wants of corrupted, spineless officials who evade responsibility, accountability. Pages 249-250.

14. An attorney does not have a license to break laws.

Prepared and Submitted,

PLAINTIFF-APPELLANT, PRO SE

____________________

Anne M. Bradley

======================================================================================================

RULES

Federal Rules of Civil Procedure

References for Case

Bradley v Superior Court New Haven

Rule 2. One Form of Action There is one form of action—the civil action. (As amended Apr. 30, 2007, eff. Dec. 1, 2007.) TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS Rule 3. Commencing an Action A civil action is commenced by filing a complaint with the court. (As amended Apr. 30, 2007, eff. Dec. 1, 2007.)

Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 2 (2) Amendments. The court may permit a summons to be amended. (b) ISSUANCE. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served. (c) SERVICE. (1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. (2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint. (3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. (d) WAIVING SERVICE. (1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must: (A) be in writing and be addressed: (i) to the individual defendant; or (ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process; (B) name the court where the complaint was filed; (C) be accompanied by a copy of the complaint, 2 copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form; (D) inform the defendant, using the form appended to this Rule 4, of the consequences of waiving and not waiving service; (E) state the date when the request is sent; (F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and (G) be sent by first-class mail or other reliable means. (2) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (A) the expenses later incurred in making service; and (B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses. 3 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 (3) Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States. (4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver. (5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. (e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE UNITED STATES. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by: (1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. (f) SERVING AN INDIVIDUAL IN A FOREIGN COUNTRY. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served at a place not within any judicial district of the United States: (1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice: (A) as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction; (B) as the foreign authority directs in response to a letter rogatory or letter of request; or (C) unless prohibited by the foreign country’s law, by: (i) delivering a copy of the summons and of the complaint to the individual personally; or (ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or (3) by other means not prohibited by international agreement, as the court orders. (g) SERVING A MINOR OR AN INCOMPETENT PERSON. A minor or an incompetent person in a judicial district of the United States Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 4 must be served by following state law for serving a summons or like process on such a defendant in an action brought in the courts of general jurisdiction of the state where service is made. A minor or an incompetent person who is not within any judicial district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). (h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless federal law provides otherwise or the defendant’s waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served: (1) in a judicial district of the United States: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or (B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant; or (2) at a place not within any judicial district of the United States, in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i). (i) SERVING THE UNITED STATES AND ITS AGENCIES, CORPORATIONS, OFFICERS, OR EMPLOYEES. (1) United States. To serve the United States, a party must: (A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer. (2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee. (3) Officer or Employee Sued Individually. To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g). (4) Extending Time. The court must allow a party a reasonable time to cure its failure to: 5 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 (A) serve a person required to be served under Rule 4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or (B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee. (j) SERVING A FOREIGN, STATE, OR LOCAL GOVERNMENT. (1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608. (2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of the complaint to its chief executive officer; or (B) serving a copy of each in the manner prescribed by that state’s law for serving a summons or like process on such a defendant. (k) TERRITORIAL LIMITS OF EFFECTIVE SERVICE. (1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: (A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located; (B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or (C) when authorized by a federal statute. (2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if: (A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and (B) exercising jurisdiction is consistent with the United States Constitution and laws. (l) PROVING SERVICE. (1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server’s affidavit. (2) Service Outside the United States. Service not within any judicial district of the United States must be proved as follows: (A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or (B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee. (3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. (m) TIME LIMIT FOR SERVICE. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 6 1 Rule 4(m) is set out above as it appears in the Supreme Court order of Apr. 28, 2016. As amended by the Supreme Court order of Apr. 29, 2015, the last sentence of Rule 4(m) reads as follows: ‘‘This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1) or to service of a notice under Rule 71.1(d)(3)(A).’’ The language added to the last sentence in 2015, ‘‘or to service of a notice under Rule 71.1(d)(3)(A)’’, probably should be part of Rule 4(m), but does not appear in the 2016 amendment. own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).1 (n) ASSERTING JURISDICTION OVER PROPERTY OR ASSETS. (1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule. (2) State Law. On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant’s assets found in the district. Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district. (As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 97–462, § 2, Jan. 12, 1983, 96 Stat. 2527, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, eff. Dec. 1, 2016.) RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS. (Caption) To (name the defendant or—if the defendant is a corporation, partnership, or association—name an officer or agent authorized to receive service): WHY ARE YOU GETTING THIS? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within (give at least 30 days or at least 60 days if the defendant is outside any judicial district of the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. WHAT HAPPENS NEXT? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will 7 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date:lllllllllll lllllllllllllllllllllllllll (Signature of the attorney or unrepresented party) lllllllllllllllllllllllllll (Printed name) lllllllllllllllllllllllllll (Address) lllllllllllllllllllllllllll (E-mail address) lllllllllllllllllllllllllll (Telephone number) RULE 4 WAIVER OF THE SERVICE OF SUMMONS. (Caption) To (name the plaintiff’s attorney or the unrepresented plaintiff): I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from lllllllllllllllllllll, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date:lllllllllll lllllllllllllllllllllllllll (Signature of the attorney or unrepresented party) lllllllllllllllllllllllllll (Printed name) lllllllllllllllllllllllllll (Address) lllllllllllllllllllllllllll (E-mail address) lllllllllllllllllllllllllll (Telephone number) Rule 4.1 FEDERAL RULES OF CIVIL PROCEDURE 8 (Attach the following) DUTY TO AVOID UNNECESSARY EXPENSES OF SERVING A SUMMONS Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. ‘‘Good cause’’ does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. Rule 4.1. Serving Other Process (a) IN GENERAL. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose. It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits. Proof of service must be made under Rule 4(l). (b) ENFORCING ORDERS: COMMITTING FOR CIVIL CONTEMPT. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district. Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued. (As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 30, 2007, eff. Dec. 1, 2007.) Rule 5. Serving and Filing Pleadings and Other Papers (a) SERVICE: WHEN REQUIRED. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; (C) a discovery paper required to be served on a party, unless the court orders otherwise; (D) a written motion, except one that may be heard ex parte; and 9 FEDERAL RULES OF CIVIL PROCEDURE Rule 5 (E) a written notice, appearance, demand, or offer of judgment, or any similar paper. (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. (3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized. (b) SERVICE: HOW MADE. (1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. (2) Service in General. A paper is served under this rule by: (A) handing it to the person; (B) leaving it: (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; (C) mailing it to the person’s last known address—in which event service is complete upon mailing; (D) leaving it with the court clerk if the person has no known address; (E) sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or (F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery. (3) Using Court Facilities. If a local rule so authorizes, a party may use the court’s transmission facilities to make service under Rule 5(b)(2)(E). (c) SERVING NUMEROUS DEFENDANTS. (1) In General. uRule 4 FEDERAL RULES OF CIVIL PROCEDURE 2 (2) Amendments. The court may permit a summons to be amended. (b) ISSUANCE. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served. (c) SERVICE. (1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. (2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint. (3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. (d) WAIVING SERVICE. (1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must: (A) be in writing and be addressed: (i) to the individual defendant; or (ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process; (B) name the court where the complaint was filed; (C) be accompanied by a copy of the complaint, 2 copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form; (D) inform the defendant, using the form appended to this Rule 4, of the consequences of waiving and not waiving service; (E) state the date when the request is sent; (F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and (G) be sent by first-class mail or other reliable means. (2) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (A) the expenses later incurred in making service; and (B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses. 3 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 (3) Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States. (4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver. (5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. (e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE UNITED STATES. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by: (1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. (f) SERVING AN INDIVIDUAL IN A FOREIGN COUNTRY. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served at a place not within any judicial district of the United States: (1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice: (A) as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction; (B) as the foreign authority directs in response to a letter rogatory or letter of request; or (C) unless prohibited by the foreign country’s law, by: (i) delivering a copy of the summons and of the complaint to the individual personally; or (ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or (3) by other means not prohibited by international agreement, as the court orders. (g) SERVING A MINOR OR AN INCOMPETENT PERSON. A minor or an incompetent person in a judicial district of the United States Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 4 must be served by following state law for serving a summons or like process on such a defendant in an action brought in the courts of general jurisdiction of the state where service is made. A minor or an incompetent person who is not within any judicial district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). (h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless federal law provides otherwise or the defendant’s waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served: (1) in a judicial district of the United States: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or (B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant; or (2) at a place not within any judicial district of the United States, in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i). (i) SERVING THE UNITED STATES AND ITS AGENCIES, CORPORATIONS, OFFICERS, OR EMPLOYEES. (1) United States. To serve the United States, a party must: (A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer. (2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee. (3) Officer or Employee Sued Individually. To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g). (4) Extending Time. The court must allow a party a reasonable time to cure its failure to: 5 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 (A) serve a person required to be served under Rule 4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or (B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee. (j) SERVING A FOREIGN, STATE, OR LOCAL GOVERNMENT. (1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608. (2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of the complaint to its chief executive officer; or (B) serving a copy of each in the manner prescribed by that state’s law for serving a summons or like process on such a defendant. (k) TERRITORIAL LIMITS OF EFFECTIVE SERVICE. (1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: (A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located; (B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or (C) when authorized by a federal statute. (2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if: (A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and (B) exercising jurisdiction is consistent with the United States Constitution and laws. (l) PROVING SERVICE. (1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server’s affidavit. (2) Service Outside the United States. Service not within any judicial district of the United States must be proved as follows: (A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or (B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee. (3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. (m) TIME LIMIT FOR SERVICE. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 6 1 Rule 4(m) is set out above as it appears in the Supreme Court order of Apr. 28, 2016. As amended by the Supreme Court order of Apr. 29, 2015, the last sentence of Rule 4(m) reads as follows: ‘‘This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1) or to service of a notice under Rule 71.1(d)(3)(A).’’ The language added to the last sentence in 2015, ‘‘or to service of a notice under Rule 71.1(d)(3)(A)’’, probably should be part of Rule 4(m), but does not appear in the 2016 amendment. own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).1 (n) ASSERTING JURISDICTION OVER PROPERTY OR ASSETS. (1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule. (2) State Law. On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant’s assets found in the district. Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district. (As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 97–462, § 2, Jan. 12, 1983, 96 Stat. 2527, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, eff. Dec. 1, 2016.) RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS. (Caption) To (name the defendant or—if the defendant is a corporation, partnership, or association—name an officer or agent authorized to receive service): WHY ARE YOU GETTING THIS? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within (give at least 30 days or at least 60 days if the defendant is outside any district of the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. WHAT HAPPENS NEXT? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will 7 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date:lllllllllll lllllllllllllllllllllllllll (Signature of the attorney or unrepresented party) lllllllllllllllllllllllllll (Printed name) lllllllllllllllllllllllllll (Address) lllllllllllllllllllllllllll (E-mail address) lllllllllllllllllllllllllll (Telephone number) RULE 4 WAIVER OF THE SERVICE OF SUMMONS. (Caption) To (name the plaintiff’s attorney or the unrepresented plaintiff): I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand tRule 4 FEDERAL RULES OF CIVIL PROCEDURE 2 (2) Amendments. The court may permit a summons to be amended. (b) ISSUANCE. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served. (c) SERVICE. (1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. (2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint. (3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. (d) WAIVING SERVICE. (1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must: (A) be in writing and be addressed: (i) to the individual defendant; or (ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process; (B) name the court where the complaint was filed; (C) be accompanied by a copy of the complaint, 2 copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form; (D) inform the defendant, using the form appended to this Rule 4, of the consequences of waiving and not waiving service; (E) state the date when the request is sent; (F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and (G) be sent by first-class mail or other reliable means. (2) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (A) the expenses later incurred in making service; and (B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses. 3 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 (3) Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States. (4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver. (5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. (e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE UNITED STATES. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by: (1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. (f) SERVING AN INDIVIDUAL IN A FOREIGN COUNTRY. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served at a place not within any judicial district of the United States: (1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice: (A) as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction; (B) as the foreign authority directs in response to a letter rogatory or letter of request; or (C) unless prohibited by the foreign country’s law, by: (i) delivering a copy of the summons and of the complaint to the individual personally; or (ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or (3) by other means not prohibited by international agreement, as the court orders. (g) SERVING A MINOR OR AN INCOMPETENT PERSON. A minor or an incompetent person in a judicial district of the United States Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 4 must be served by following state law for serving a summons or like process on such a defendant in an action brought in the courts of general jurisdiction of the state where service is made. A minor or an incompetent person who is not within any judicial district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). (h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless federal law provides otherwise or the defendant’s waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served: (1) in a judicial district of the United States: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or (B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant; or (2) at a place not within any judicial district of the United States, in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i). (i) SERVING THE UNITED STATES AND ITS AGENCIES, CORPORATIONS, OFFICERS, OR EMPLOYEES. (1) United States. To serve the United States, a party must: (A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer. (2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee. (3) Officer or Employee Sued Individually. To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g). (4) Extending Time. The court must allow a party a reasonable time to cure its failure to: 5 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 (A) serve a person required to be served under Rule 4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or (B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee. (j) SERVING A FOREIGN, STATE, OR LOCAL GOVERNMENT. (1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608. (2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of the complaint to its chief executive officer; or (B) serving a copy of each in the manner prescribed by that state’s law for serving a summons or like process on such a defendant. (k) TERRITORIAL LIMITS OF EFFECTIVE SERVICE. (1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: (A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located; (B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or (C) when authorized by a federal statute. (2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if: (A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and (B) exercising jurisdiction is consistent with the United States Constitution and laws. (l) PROVING SERVICE. (1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server’s affidavit. (2) Service Outside the United States. Service not within any judicial district of the United States must be proved as follows: (A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or (B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee. (3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. (m) TIME LIMIT FOR SERVICE. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 6 1 Rule 4(m) is set out above as it appears in the Supreme Court order of Apr. 28, 2016. As amended by the Supreme Court order of Apr. 29, 2015, the last sentence of Rule 4(m) reads as follows: ‘‘This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1) or to service of a notice under Rule 71.1(d)(3)(A).’’ The language added to the last sentence in 2015, ‘‘or to service of a notice under Rule 71.1(d)(3)(A)’’, probably should be part of Rule 4(m), but does not appear in the 2016 amendment. own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).1 (n) ASSERTING JURISDICTION OVER PROPERTY OR ASSETS. (1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule. (2) State Law. On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant’s assets found in the district. Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district. (As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 97–462, § 2, Jan. 12, 1983, 96 Stat. 2527, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, eff. Dec. 1, 2016.) RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS. (Caption) To (name the defendant or—if the defendant is a corporation, partnership, or association—name an officer or agent authorized to receive service): WHY ARE YOU GETTING THIS? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within (give at least 30 days or at least 60 days if the defendant is outside any judicial district of the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. WHAT HAPPENS NEXT? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will 7 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date:lllllllllll lllllllllllllllllllllllllll (Signature of the attorney or unrepresented party) lllllllllllllllllllllllllll (Printed name) lllllllllllllllllllllllllll (Address) lllllllllllllllllllllllllll (E-mail address) lllllllllllllllllllllllllll (Telephone number) RULE 4 WAIVER OF THE SERVICE OF SUMMONS. (Caption) To (name the plaintiff’s attorney or the unrepresented plaintiff): I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from lllllllllllllllllllll, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date:lllllllllll lllllllllllllllllllllllllll (Signature of the attorney or unrepresented party) lllllllllllllllllllllllllll (Printed name) lllllllllllllllllllllllllll (Address) lllllllllllllllllllllllllll (E-mail address) lllllllllllllllllllllllllll (Telephone number) Rule 4.1 FEDERAL RULES OF CIVIL PROCEDURE 8 (Attach the following) DUTY TO AVOID UNNECESSARY EXPENSES OF SERVING A SUMMONS Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. ‘‘Good cause’’ does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. Rule 4.1. Serving Other Process (a) IN GENERAL. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose. It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits. Proof of service must be made under Rule 4(l). (b) ENFORCING ORDERS: COMMITTING FOR CIVIL CONTEMPT. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district. Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued. (As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 30, 2007, eff. Dec. 1, 2007.) Rule 5. Serving and Filing Pleadings and Other Papers (a) SERVICE: WHEN REQUIRED. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; (C) a discovery paper required to be served on a party, unless the court orders otherwise; (D) a written motion, except one that may be heard ex parte; and 9 FEDERAL RULES OF CIVIL PROCEDURE Rule 5 (E) a written notice, appearance, demand, or offer of judgment, or any similar paper. (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. (3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized. (b) SERVICE: HOW MADE. (1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. (2) Service in General. A paper is served under this rule by: (A) handing it to the person; (B) leaving it: (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; (C) mailing it to the person’s last known address—in which event service is complete upon mailing; (D) leaving it with the court clerk if the person has no known address; (E) sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or (F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery. (3) Using Court Facilities. If a local rule so authorizes, a party may use the court’s transmission facilities to make service under Rule 5(b)(2)(E). (c) SERVING NUMEROUS DEFENDANTS. (1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that: (A) defendants’ pleadings and replies to them need not be served on other defendants; (B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and (C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties. (2) Notifying Parties. A copy of every such order must be served on the parties as the court directs. Rule 5.1 FEDERAL RULES OF CIVIL PROCEDURE 10 (d) FILING. (1) Required Filings; Certificate of Service. Any paper after the complaint that is required to be served—together with a certificate of service—must be filed within a reasonable time after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. (2) How Filing Is Made—In General. A paper is filed by delivering it: (A) to the clerk; or (B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk. (3) Electronic Filing, Signing, or Verification. A court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the Judicial Conference of the United States. A local rule may require electronic filing only if reasonable exceptions are allowed. A paper filed electronically in compliance with a local rule is a written paper for purposes of these rules. (4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice. (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.) hat I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from lllllllllllllllllllll, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date:lllllllllll lllllllllllllllllllllllllll (Signature of the attorney or unrepresented party) lllllllllllllllllllllllllll (Printed name) lllllllllllllllllllllllllll (Address) lllllllllllllllllllllllllll (E-mail address) lllllllllllllllllllllllllll (Telephone number) Rule 4.1 FEDERAL RULES OF CIVIL PROCEDURE 8 (Attach the following) DUTY TO AVOID UNNECESSARY EXPENSES OF SERVING A SUMMONS Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. ‘‘Good cause’’ does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. Rule 4.1. Serving Other Process (a) IN GENERAL. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose. It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits. Proof of service must be made under Rule 4(l). (b) ENFORCING ORDERS: COMMITTING FOR CIVIL CONTEMPT. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district. Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued. (As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 30, 2007, eff. Dec. 1, 2007.) Rule 5. Serving and Filing Pleadings and Other Papers (a) SERVICE: WHEN REQUIRED. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; (C) a discovery paper required to be served on a party, unless the court orders otherwise; (D) a written motion, except one that may be heard ex parte; and 9 FEDERAL RULES OF CIVIL PROCEDURE Rule 5 (E) a written notice, appearance, demand, or offer of judgment, or any similar paper. (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. (3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized. (b) SERVICE: HOW MADE. (1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. (2) Service in General. A paper is served under this rule by: (A) handing it to the person; (B) leaving it: (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; (C) mailing it to the person’s last known address—in which event service is complete upon mailing; (D) leaving it with the court clerk if the person has no known address; (E) sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or (F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery. (3) Using Court Facilities. If a local rule so authorizes, a party may use the court’s transmission facilities to make service under Rule 5(b)(2)(E). (c) SERVING NUMEROUS DEFENDANTS. (1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that: (A) defendants’ pleadings and replies to them need not be served on other defendants; (B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and (C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties. (2) Notifying Parties. A copy of every such order must be served on the parties as the court directs. Rule 5.1 FEDERAL RULES OF CIVIL PROCEDURE 10 (d) FILING. (1) Required Filings; Certificate of Service. Any paper after the complaint that is required to be served—together with a certificate of service—must be filed within a reasonable time after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. (2) How Filing Is Made—In General. A paper is filed by delivering it: (A) to the clerk; or (B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk. (3) Electronic Filing, Signing, or Verification. A court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the Judicial Conference of the United States. A local rule may require electronic filing only if reasonable exceptions are allowed. A paper filed electronically in compliance with a local rule is a written paper for purposes of these rules. (4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice. (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.) (B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and (C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties. (2) Notifying Parties. A copy of every such order must be served on the parties as the court directs. Rule 5.1 FEDERAL RULES OF CIVIL PROCEDURE 10 (d) FILING. (1) Required Filings; Certificate of Service. Any paper after the complaint that is required to be served—together with a certificate of service—must be filed within a reasonable time after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. (2) How Filing Is Made—In General. A paper is filed by delivering it: (A) to the clerk; or (B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk. (3) Electronic Filing, Signing, or Verification. A court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the Judicial Conference of the United States. A local rule may require electronic filing only if reasonable exceptions are allowed. A paper filed electronically in compliance with a local rule is a written paper for purposes of these rules. (4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice. (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.)

Rule 32. Using Depositions in Court Proceedings (a) USING DEPOSITIONS. (1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions: (A) the party was present or represented at the taking of the deposition or had reasonable notice of it; (B) it is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying; and (C) the use is allowed by Rule 32(a)(2) through (8). (2) Impeachment and Other Uses. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by the Federal Rules of Evidence. (3) Deposition of Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party’s officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4). (4) Unavailable Witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds: (A) that the witness is dead; (B) that the witness is more than 100 miles from the place of hearing or trial or is outside the United States, unless it appears that the witness’s absence was procured by the party offering the deposition; (C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; (D) that the party offering the deposition could not procure the witness’s attendance by subpoena; or (E) on motion and notice, that exceptional circumstances make it desirable—in the interest of justice and with due regard to the importance of live testimony in open court—to permit the deposition to be used. (5) Limitations on Use. (A) Deposition Taken on Short Notice. A deposition must not be used against a party who, having received less than 14 days’ notice of the deposition, promptly moved for a protective order under Rule 26(c)(1)(B) requesting that it not be taken or be taken at a different time or place—and 53 FEDERAL RULES OF CIVIL PROCEDURE Rule 32 this motion was still pending when the deposition was taken. (B) Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken without leave of court under the unavailability provision of Rule 30(a)(2)(A)(iii) must not be used against a party who shows that, when served with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition. (6) Using Part of a Deposition. If a party offers in evidence only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself introduce any other parts. (7) Substituting a Party. Substituting a party under Rule 25 does not affect the right to use a deposition previously taken. (8) Deposition Taken in an Earlier Action. A deposition lawfully taken and, if required, filed in any federal- or state-court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. A deposition previously taken may also be used as allowed by the Federal Rules of Evidence. (b) OBJECTIONS TO ADMISSIBILITY. Subject to Rules 28(b) and 32(d)(3), an objection may be made at a hearing or trial to the admission of any deposition testimony that would be inadmissible if the witness were present and testifying. (c) FORM OF PRESENTATION. Unless the court orders otherwise, a party must provide a transcript of any deposition testimony the party offers, but may provide the court with the testimony in nontranscript form as well. On any party’s request, deposition testimony offered in a jury trial for any purpose other than impeachment must be presented in nontranscript form, if available, unless the court for good cause orders otherwise. (d) WAIVER OF OBJECTIONS. (1) To the Notice. An objection to an error or irregularity in a deposition notice is waived unless promptly served in writing on the party giving the notice. (2) To the Officer’s Qualification. An objection based on disqualification of the officer before whom a deposition is to be taken is waived if not made: (A) before the deposition begins; or (B) promptly after the basis for disqualification becomes known or, with reasonable diligence, could have been known. (3) To the Taking of the Deposition. (A) Objection to Competence, Relevance, or Materiality. An objection to a deponent’s competence—or to the competence, relevance, or materiality of testimony—is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time. (B) Objection to an Error or Irregularity. An objection to an error or irregularity at an oral examination is waived if: Rule 33 FEDERAL RULES OF CIVIL PROCEDURE 54 (i) it relates to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party’s conduct, or other matters that might have been corrected at that time; and (ii) it is not timely made during the deposition. (C) Objection to a Written Question. An objection to the form of a written question under Rule 31 is waived if not served in writing on the party submitting the question within the time for serving responsive questions or, if the question is a recross-question, within 7 days after being served with it. (4) To Completing and Returning the Deposition. An objection to how the officer transcribed the testimony—or prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition—is waived unless a motion to suppress is made promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known. (As amended Mar. 30, 1970, eff. July 1, 1970; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

Rule 54. Judgment; Costs (a) DEFINITION; FORM. ‘‘Judgment’’ as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master’s report, or a record of prior proceedings. (b) JUDGMENT ON MULTIPLE CLAIMS OR INVOLVING MULTIPLE PARTIES. When an action presents more than one claim for relief— whether as a claim, counterclaim, crossclaim, or third-party claim—or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities. (c) DEMAND FOR JUDGMENT; RELIEF TO BE GRANTED. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings. (d) COSTS; ATTORNEY’S FEES. (1) Costs Other Than Attorney’s Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney’s fees—should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days’ notice. On motion served within the next 7 days, the court may review the clerk’s action. (2) Attorney’s Fees. (A) Claim to Be by Motion. A claim for attorney’s fees and related nontaxable expenses must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages. (B) Timing and Contents of the Motion. Unless a statute or a court order provides otherwise, the motion must: Rule 55 FEDERAL RULES OF CIVIL PROCEDURE 78 (i) be filed no later than 14 days after the entry of judgment; (ii) specify the judgment and the statute, rule, or other grounds entitling the movant to the award; (iii) state the amount sought or provide a fair estimate of it; and (iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made. (C) Proceedings. Subject to Rule 23(h), the court must, on a party’s request, give an opportunity for adversary submissions on the motion in accordance with Rule 43(c) or 78. The court may decide issues of liability for fees before receiving submissions on the value of services. The court must find the facts and state its conclusions of law as provided in Rule 52(a). (D) Special Procedures by Local Rule; Reference to a Master or a Magistrate Judge. By local rule, the court may establish special procedures to resolve fee-related issues without extensive evidentiary hearings. Also, the court may refer issues concerning the value of services to a special master under Rule 53 without regard to the limitations of Rule 53(a)(1), and may refer a motion for attorney’s fees to a magistrate judge under Rule 72(b) as if it were a dispositive pretrial matter. (E) Exceptions. Subparagraphs (A)–(D) do not apply to claims for fees and expenses as sanctions for violating these rules or as sanctions under 28 U.S.C. § 1927. (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1,

2003; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

Rule 55. Default; Default Judgment (a) ENTERING A DEFAULT. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default. (b) ENTERING A DEFAULT JUDGMENT. (1) By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation, the clerk— on the plaintiff’s request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person. (2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals— 79 FEDERAL RULES OF CIVIL PROCEDURE Rule 56 preserving any federal statutory right to a jury trial—when, to enter or effectuate judgment, it needs to: (A) conduct an accounting; (B) determine the amount of damages; (C) establish the truth of any allegation by evidence; or (D) investigate any other matter. (c) SETTING ASIDE A DEFAULT OR A DEFAULT JUDGMENT. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b). (d) JUDGMENT AGAINST THE UNITED STATES. A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court. (As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 29, 2015, eff. Dec. 1, 2015.) Rule 56. Summary Judgment (a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. (b) TIME TO FILE A MOTION. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery. (c) PROCEDURES. (1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record. (4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. Rule 57 FEDERAL RULES OF CIVIL PROCEDURE 80 (d) WHEN FACTS ARE UNAVAILABLE TO THE NONMOVANT. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order. (e) FAILING TO PROPERLY SUPPORT OR ADDRESS A FACT. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or (4) issue any other appropriate order. (f) JUDGMENT INDEPENDENT OF THE MOTION. After giving notice and a reasonable time to respond, the court may: (1) grant summary judgment for a nonmovant; (2) grant the motion on grounds not raised by a party; or (3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute. (g) FAILING TO GRANT ALL THE REQUESTED RELIEF. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact—including an item of damages or other relief—that is not genuinely in dispute and treating the fact as established in the case. (h) AFFIDAVIT OR DECLARATION SUBMITTED IN BAD FAITH. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond—may order the submitting party to pay the other party the reasonable expenses, including attorney’s fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions. (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010.)

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When I emailed these, the FRAP file size was Larger than THE FED RULES OF CIVIL PROCEDURE, SO GO FIGURE

FRAP

AS THEY APPLY TO

BRADLEY VS SUPERIOR COURT NEW HAVEN CT

RULE 4

(d) Mistaken Filing in the Court of Appeals. If a notice of appeal in either a civil or a criminal case is mistakenly filed in the court of appeals, the clerk of that court must note on the notice the date when it was received and send it to the district clerk. The notice is then considered filed in the district court on the date so noted.

How can a party seek permission to appeal IFP, yet the rule indicates they must pay the filing fee?

Appeal is a matter of right; unless there is something stipulated to which the court needs to grant in order for the appellant to go forward, SUCH AS AN IFP

Rule 5. Appeal by Permission (a) Petition for Permission to Appeal. (1) To request permission to appeal when an appeal is within the court of appeals’ discretion, a party must file a petition for permission to appeal. The petition must be filed with the circuit clerk with proof of service on all other parties to the district-court action. (2) The petition must be filed within the time specified by the statute or rule authorizing the appeal or, if no such time is specified, within the time provided by Rule 4(a) for filing a notice of appeal. (3) If a party cannot petition for appeal unless the district court first enters an order granting permission to do so or stating that the necessary conditions are met, the district court may amend its order, either on its own or in response to a party’s motion, to include the required permission or statement. In that event, the time to petition runs from entry of the amended order. (b) Contents of the Petition; Answer or Cross-Petition; Oral Argument. (1) The petition must include the following: (A) the facts necessary to understand the question presented; (B) the question itself; (C) the relief sought; (D) the reasons why the appeal should be allowed and is authorized by a statute or rule; and (E) an attached copy of: (i) the order, decree, or judgment complained of and any related opinion or memorandum, and (ii) any order stating the district court’s permission to appeal or finding that the necessary conditions are met. (2) A party may file an answer in opposition or a cross-petition within 10 days after the petition is served. (3) The petition and answer will be submitted without oral argument unless the court of appeals orders otherwise. (c) Form of Papers; Number of Copies. All papers must conform to Rule 32(c)(2). Except by the court’s permission, a paper must not exceed 20 pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 5(b)(1)(E). 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. (d) Grant of Permission; Fees; Cost Bond; Filing the Record. (1) Within 14 days after the entry of the order granting permission to appeal, the appellant must: (A) pay the district clerk all required fees; and (B) file a cost bond if required under Rule 7. (2) A notice of appeal need not be filed. The date when the order granting permission to appeal is entered serves as the date of the notice of appeal for calculating time under these rules. (3) The district clerk must notify the circuit clerk once the petitioner has paid the fees. Upon receiving this notice, the VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00021 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 5.1 FEDERAL RULES OF APPELLATE PROCEDURE 8 circuit clerk must enter the appeal on the docket. The record must be forwarded and filed in accordance with Rules 11 and 12(c).

(c) Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable. If the transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant’s recollection. The statement must be served on the appellee, who may serve objections or proposed amendments within 14 days after being served. The statement and any objections or proposed amendments must then be submitted to the district court for settlement and approval. As settled and approved, the statement must be included by the district clerk in the record on appeal

(d) Agreed Statement as the Record on Appeal. In place of the record on appeal as defined in Rule 10(a), the parties may prepare, sign, and submit to the district court a statement of the case showing how the issues presented by the appeal arose and were decided in the district court. The statement must set forth only those facts averred and proved or sought to be proved that are essential to the court’s resolution of the issues. If the statement is truthful, it—together with any additions that the district court may consider necessary to a full presentation of the issues on appeal—must be approved by the district court and must then be certified to the court of appeals as the record on appeal. The district clerk must then send it to the circuit clerk within the time provided by Rule 11. A copy of the agreed statement may be filed in place of the appendix required by Rule 30

NOTICE OF INTENT TO APPEAL IS NOT A NOTICE OF APPEAL!

Rule 11. Forwarding the Record (a) Appellant’s Duty. An appellant filing a notice of appeal must comply with Rule 10(b) and must do whatever else is necessary to VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00027 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 11 FEDERAL RULES OF APPELLATE PROCEDURE 14 enable the clerk to assemble and forward the record. If there are multiple appeals from a judgment or order, the clerk must forward a single record.

THIS RULE IS INCOMPLETE, AS MANY OTHERS, WITHOUT CONSIDERATION OF IFP APPELLANTS

RULE 11

(2) District Clerk’s Duty to Forward. When the Recprd is complete, the district clerk must number the documents constituting the record and send them promptly to the circuit clerk together with a list of the documents correspondingly numbered and reasonably identified. Unless directed to do so by a party or the circuit clerk, the district clerk will not send to the court of appeals documents of unusual bulk or weight, physical exhibits other than documents, or other parts of the record designated for omission by local rule of the court of appeals. If the exhibits are unusually bulky or heavy, a party must arrange with the clerks in advance for their transportation and receipt.

APPARENTLY THE APPELLEE MUST FILE APPEARANCE BEFORE THE RECORD IS SUBMITTED - JUST A GUESS!

(g) Record for a Preliminary Motion in the Court of Appeals. If, before the record is forwarded, a party makes any of the following motions in the court of appeals: • for dismissal; • for release; • for a stay pending appeal; • for additional security on the bond on appeal or on a supersedeas bond; or • for any other intermediate order— the district clerk must send the court of appeals any parts of the record designated by any party.

(e) Retaining the Record by Court Order. (1) The court of appeals may, by order or local rule, provide that a certified copy of the docket entries be forwarded instead of the entire record. But a party may at any time during the appeal request that designated parts of the record be forwarded. (2) The district court may order the record or some part of it retained if the court needs it while the appeal is pending, subject, however, to call by the court of appeals. (3) If part or all of the record is ordered retained, the district clerk must send to the court of appeals a copy of the order and the docket entries together with the parts of the original VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00028 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 15 FEDERAL RULES OF APPELLATE PROCEDURE Rule 12.1 record allowed by the district court and copies of any parts of the record designated by the parties.

RULE 15

AGAIN, HALF-ASSED RULE; NO MENTION OF OBLIGATION OF APPELLEE

(a) Docketing the Appeal. Upon receiving the copy of the notice of appeal and the docket entries from the district clerk under Rule 3(d), the circuit clerk must docket the appeal under the title of the district-court action and must identify the appellant, adding the appellant’s name if necessary.

AND OFCOURSE, THEY CAN DO AS THEY DAMN WANT BY SUSPENDING THE RULES WHENEVER THEY WANT…

(d) Intervention. Unless a statute provides another method, a person who wants to intervene in a proceeding under this rule must file a motion for leave to intervene with the circuit clerk and serve a copy on all parties. The motion—or other notice of intervention authorized by statute—must be filed within 30 days after the petition for review is filed and must contain a concise statement of the interest of the moving party and the grounds for intervention. (e) Payment of Fees. When filing any separate or joint petition for review in a court of appeals, the petitioner must pay the circuit clerk all required fees.

HOW CAN I REVIEW THE RECORD IF I DON’T HAVE IT?

Rule 16. The Record on Review or Enforcement (a) Composition of the Record. The record on review or enforcement of an agency order consists of: (1) the order involved; (2) any findings or report on which it is based; and (3) the pleadings, evidence, and other parts of the proceedings before the agency

RESUME AT PAGE 33

Definition of Mandumus vs Injunctive Relief

A writ issued by a superior court to compel a lower court or a government officer perform mandatory or purely ministerial duties correctly.

Alternative Mandamus: A mandamus isssued upon the first application for relief, ommanding the defendant either to perform the act demanded or to appear before the court at a specified time to show ause for not performing it.

Premptory mandamus. An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus

Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs (a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing. (1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes. (2)(A) The petition must be titled ‘‘In re [name of petitioner].’’ (B) The petition must state: (i) the relief sought; (ii) the issues presented; (iii) the facts necessary to understand the issue presented by the petition; and (iv) the reasons why the writ should issue. (C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition. (3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the court. (b) Denial; Order Directing Answer; Briefs; Precedence. (1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time. (2) The clerk must serve the order to respond on all persons directed to respond. (3) Two or more respondents may answer jointly. (4) The court of appeals may invite or order the trial-court judge to address the petition or may invite an amicus curiae to do so. The trial-court judge may request permission to address the petition but may not do so unless invited or ordered to do so by the court of appeals. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00034 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 21 FEDERAL RULES OF APPELLATE PROCEDURE Rule 22 (5) If briefing or oral argument is required, the clerk must advise the parties, and when appropriate, the trial-court judge or amicus curiae. (6) The proceeding must be given preference over ordinary civil cases. (7) The circuit clerk must send a copy of the final disposition to the trial-court judge. (c) Other Extraordinary Writs. An application for an extraordinary writ other than one provided for in Rule 21(a) must be made by filing a petition with the circuit clerk with proof of service on the respondents. Proceedings on the application must conform, so far as is practicable, to the procedures prescribed in Rule 21(a) and (b). (d) Form of Papers; Number of Copies. All papers must conform to Rule 32(c)(2). Except by the court’s permission, a paper must not exceed 30 pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 21(a)(2)(C). An original and 3 copies must be filed unless the court requires the filing of a different number by local rule or by order in a particular case. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)

Rule 24. Proceeding in Forma Pauperis (a) Leave to Proceed in Forma Pauperis. (1) Motion in the District Court. Except as stated in Rule 24(a)(3), a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00036 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 23 FEDERAL RULES OF APPELLATE PROCEDURE Rule 25 (2) Action on the Motion. If the district court grants the motion, the party may proceed on appeal without prepaying or giving security for fees and costs, unless a statute provides otherwise. If the district court denies the motion, it must state its reasons in writing. (3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless: (A) the district court—before or after the notice of appeal is filed—certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or (B) a statute provides otherwise. (4) Notice of District Court’s Denial. The district clerk must immediately notify the parties and the court of appeals when the district court does any of the following: (A) denies a motion to proceed on appeal in forma pauperis; (B) certifies that the appeal is not taken in good faith; or (C) finds that the party is not otherwise entitled to proceed in forma pauperis. (5) Motion in the Court of Appeals. A party may file a motion to proceed on appeal in forma pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy of the affidavit filed in the district court and the district court’s statement of reasons for its action. If no affidavit was filed in the district court, the party must include the affidavit prescribed by Rule 24(a)(1). (b) Leave to Proceed in Forma Pauperis on Appeal from the United States Tax Court or on Appeal or Review of an Administrative-Agency Proceeding. A party may file in the court of appeals a motion for leave to proceed on appeal in forma pauperis with an affidavit prescribed by Rule 24(a)(1): (1) in an appeal from the United States Tax Court; and (2) when an appeal or review of a proceeding before an administrative agency, board, commission, or officer proceeds directly in the court of appeals. (c) Leave to Use Original Record. A party allowed to proceed on appeal in forma pauperis may request that the appeal be heard on the original record without reproducing any part. (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 16, 2013, eff. Dec. 1, 2013.)

Rule 25. Filing and Service (a) Filing. (1) Filing with the Clerk. A paper required or permitted to be filed in a court of appeals must be filed with the clerk. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00037 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 25 FEDERAL RULES OF APPELLATE PROCEDURE 24 (2) Filing: Method and Timeliness. (A) In general. Filing may be accomplished by mail addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing. (B) A brief or appendix. A brief or appendix is timely filed, however, if on or before the last day for filing, it is: (i) mailed to the clerk by First-Class Mail, or other class of mail that is at least as expeditious, postage prepaid; or (ii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 days. (C) Inmate filing. A paper filed by an inmate confined in an institution is timely if deposited in the institution’s internal mailing system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid. (D) Electronic filing. A court of appeals may by local rule permit or require papers to be filed, signed, or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes. A local rule may require filing by electronic means only if reasonable exceptions are allowed. A paper filed by electronic means in compliance with a local rule constitutes a written paper for the purpose of applying these rules. (3) Filing a Motion with a Judge. If a motion requests relief that may be granted by a single judge, the judge may permit the motion to be filed with the judge; the judge must note the filing date on the motion and give it to the clerk. (4) Clerk’s Refusal of Documents. The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice. (5) Privacy Protection. An appeal in a case whose privacy protection was governed by Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal Rule of Criminal Procedure 49.1 is governed by the same rule on appeal. In all other proceedings, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought in a criminal case. (b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party’s counsel. (c) Manner of Service. (1) Service may be any of the following: (A) personal, including delivery to a responsible person at the office of counsel; (B) by mail; VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00038 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 25 FEDERAL RULES OF APPELLATE PROCEDURE Rule 26 (C) by third-party commercial carrier for delivery within 3 days; or (D) by electronic means, if the party being served consents in writing. (2) If authorized by local rule, a party may use the court’s transmission equipment to make electronic service under Rule 25(c)(1)(D). (3) When reasonable considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper with the court. (4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on transmission, unless the party making service is notified that the paper was not received by the party served. (d) Proof of Service. (1) A paper presented for filing must contain either of the following: (A) an acknowledgment of service by the person served; or (B) proof of service consisting of a statement by the person who made service certifying: (i) the date and manner of service; (ii) the names of the persons served; and (iii) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service. (2) When a brief or appendix is filed by mailing or dispatch in accordance with Rule 25(a)(2)(B), the proof of service must also state the date and manner by which the document was mailed or dispatched to the clerk. (3) Proof of service may appear on or be affixed to the papers filed. (e) Number of Copies. When these rules require the filing or furnishing of a number of copies, a court may require a different number by local rule or by order in a particular case. (As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

EXTENSTION OF TIME

Rule 26. Computing and Extending Time

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00039 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 26 FEDERAL RULES OF APPELLATE PROCEDURE 26 (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. (3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible: (A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or (B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday. (4) ‘‘Last Day’’ Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing in the district court, at midnight in the court’s time zone; (B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s principal office; (C) for filing under Rules 4(c)(1), 25(a)(2)(B), and 25(a)(2)(C)—and filing by mail under Rule 13(b)—at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and (D) for filing by other means, when the clerk’s office is scheduled to close. (5) ‘‘Next Day’’ Defined. The ‘‘next day’’ is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means: (A) the day set aside by statute for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk’s principal office. (b) Extending Time. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file: (1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00040 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 27 FEDERAL RULES OF APPELLATE PROCEDURE Rule 27 (2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law. (c) Additional Time after Service. When a party may or must act within a specified time after service, 3 days are added after the period would otherwise expire under Rule 26(a), unless the paper is delivered on the date of service stated in the proof of service. For purposes of this Rule 26(c), a paper that is served electronically is not treated as delivered on the date of service stated in the proof of service. (As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; 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.)

Rule 27. Motions

(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. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00041 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 27 FEDERAL RULES OF APPELLATE PROCEDURE 28 (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. (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; Page Limits; and 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. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00042 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 29 FEDERAL RULES OF APPELLATE PROCEDURE Rule 28 (D) Paper size, line spacing, and margins. The document must be on 81⁄2 by 11 inch paper. The text must be doublespaced, 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) Page Limits. A motion or a response to a motion must not exceed 20 pages, exclusive of the corporate disclosure statement and accompanying documents authorized by Rule 27(a)(2)(B), unless the court permits or directs otherwise. A 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.) Rule 28. Briefs (a) Appellant’s Brief. The appellant’s brief must contain, under appropriate headings and in the order indicated: (1) a corporate disclosure statement if required by Rule 26.1; (2) a table of contents, with page references; (3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited; (4) a jurisdictional statement, including: (A) the basis for the district court’s or agency’s subjectmatter jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (B) the basis for the court of appeals’ jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (C) the filing dates establishing the timeliness of the appeal or petition for review; and (D) an assertion that the appeal is from a final order or judgment that disposes of all parties’ claims, or information establishing the court of appeals’ jurisdiction on some other basis; (5) a statement of the issues presented for review; (6) a concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record (see Rule 28(e)); (7) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00043 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 28 FEDERAL RULES OF APPELLATE PROCEDURE 30 the body of the brief, and which must not merely repeat the argument headings; (8) the argument, which must contain: (A) appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; and (B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues); (9) a short conclusion stating the precise relief sought; and (10) the certificate of compliance, if required by Rule 32(a)(7). (b) Appellee’s Brief. The appellee’s brief must conform to the requirements of Rule 28(a)(1)–(8) and (10), except that none of the following need appear unless the appellee is dissatisfied with the appellant’s statement: (1) the jurisdictional statement; (2) the statement of the issues; (3) the statement of the case; and (4) the statement of the standard of review. (c) Reply Brief. The appellant may file a brief in reply to the appellee’s brief. Unless the court permits, no further briefs may be filed. A reply brief must contain a table of contents, with page references, and a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the reply brief where they are cited. (d) References to Parties. In briefs and at oral argument, counsel should minimize use of the terms ‘‘appellant’’ and ‘‘appellee.’’ To make briefs clear, counsel should use the parties’ actual names or the designations used in the lower court or agency proceeding, or such descriptive terms as ‘‘the employee,’’ ‘‘the injured person,’’ ‘‘the taxpayer,’’ ‘‘the ship,’’ ‘‘the stevedore.’’ (e) References to the Record. References to the parts of the record contained in the appendix filed with the appellant’s brief must be to the pages of the appendix. If the appendix is prepared after the briefs are filed, a party referring to the record must follow one of the methods detailed in Rule 30(c). If the original record is used under Rule 30(f) and is not consecutively paginated, or if the brief refers to an unreproduced part of the record, any reference must be to the page of the original document. For example: • Answer p. 7; • Motion for Judgment p. 2; • Transcript p. 231. Only clear abbreviations may be used. A party referring to evidence whose admissibility is in controversy must cite the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected. (f) Reproduction of Statutes, Rules, Regulations, etc. If the court’s determination of the issues presented requires the study of statutes, rules, regulations, etc., the relevant parts must be set out in the brief or in an addendum at the end, or may be supplied to the court in pamphlet form. (g) [Reserved] VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00044 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 31 FEDERAL RULES OF APPELLATE PROCEDURE Rule 28.1 (h) [Reserved] (i) Briefs in a Case Involving Multiple Appellants or Appellees. In a case involving more than one appellant or appellee, including consolidated cases, any number of appellants or appellees may join in a brief, and any party may adopt by reference a part of another’s brief. Parties may also join in reply briefs. (j) Citation of Supplemental Authorities. If pertinent and significant authorities come to a party’s attention after the party’s brief has been filed—or after oral argument but before decision—a party may promptly advise the circuit clerk by letter, with a copy to all other parties, setting forth the citations. The letter must state the reasons for the supplemental citations, referring either to the page of the brief or to a point argued orally. The body of the letter must not exceed 350 words. Any response must be made promptly and must be similarly limited. (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; 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; Apr. 16, 2013, eff. Dec. 1, 2013.)

Rule 29. Brief of an Amicus Curiae (a) When Permitted. The United States or its officer or agency or a state may file an amicus-curiae brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing. (b) Motion for Leave to File. The motion must be accompanied by the proposed brief and state: VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00046 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 33 FEDERAL RULES OF APPELLATE PROCEDURE Rule 30 (1) the movant’s interest; and (2) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case. (c) Contents and Form. An amicus brief must comply with Rule 32. In addition to the requirements of Rule 32, the cover must identify the party or parties supported and indicate whether the brief supports affirmance or reversal. An amicus brief need not comply with Rule 28, but must include the following: (1) if the amicus curiae is a corporation, a disclosure statement like that required of parties by Rule 26.1; (2) a table of contents, with page references; (3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited; (4) a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file; (5) unless the amicus curiae is one listed in the first sentence of Rule 29(a), a statement that indicates whether: (A) a party’s counsel authored the brief in whole or in part; (B) a party or a party’s counsel contributed money that was intended to fund preparing or submitting the brief; and (C) a person—other than the amicus curiae, its members, or its counsel—contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person; (6) an argument, which may be preceded by a summary and which need not include a statement of the applicable standard of review; and (7) a certificate of compliance, if required by Rule 32(a)(7). (d) Length. Except by the court’s permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party’s principal brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief. (e) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal brief of the party being supported is filed. An amicus curiae that does not support either party must file its brief no later than 7 days after the appellant’s or petitioner’s principal brief is filed. A court may grant leave for later filing, specifying the time within which an opposing party may answer. (f) Reply Brief. Except by the court’s permission, an amicus curiae may not file a reply brief. (g) Oral Argument. An amicus curiae may participate in oral argument only with the court’s permission. (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 28, 2010, eff. Dec. 1, 2010.) Rule 30. Appendix to the Briefs (a) Appellant’s Responsibility. (1) Contents of the Appendix. The appellant must prepare and file an appendix to the briefs containing: VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00047 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 30 FEDERAL RULES OF APPELLATE PROCEDURE 34 (A) the relevant docket entries in the proceeding below; (B) the relevant portions of the pleadings, charge, findings, or opinion; (C) the judgment, order, or decision in question; and (D) other parts of the record to which the parties wish to direct the court’s attention. (2) Excluded Material. Memoranda of law in the district court should not be included in the appendix unless they have independent relevance. Parts of the record may be relied on by the court or the parties even though not included in the appendix. (3) Time to File; Number of Copies. Unless filing is deferred under Rule 30(c), the appellant must file 10 copies of the appendix with the brief and must serve one copy on counsel for each party separately represented. An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number. (b) All Parties’ Responsibilities. (1) Determining the Contents of the Appendix. The parties are encouraged to agree on the contents of the appendix. In the absence of an agreement, the appellant must, within 14 days after the record is filed, serve on the appellee a designation of the parts of the record the appellant intends to include in the appendix and a statement of the issues the appellant intends to present for review. The appellee may, within 14 days after receiving the designation, serve on the appellant a designation of additional parts to which it wishes to direct the court’s attention. The appellant must include the designated parts in the appendix. The parties must not engage in unnecessary designation of parts of the record, because the entire record is available to the court. This paragraph applies also to a cross-appellant and a cross-appellee. (2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the cost of the appendix. If the appellant considers parts of the record designated by the appellee to be unnecessary, the appellant may advise the appellee, who must then advance the cost of including those parts. The cost of the appendix is a taxable cost. But if any party causes unnecessary parts of the record to be included in the appendix, the court may impose the cost of those parts on that party. Each circuit must, by local rule, provide for sanctions against attorneys who unreasonably and vexatiously increase litigation costs by including unnecessary material in the appendix. (c) Deferred Appendix. (1) Deferral Until After Briefs Are Filed. The court may provide by rule for classes of cases or by order in a particular case that preparation of the appendix may be deferred until after the briefs have been filed and that the appendix may be filed 21 days after the appellee’s brief is served. Even though the filing of the appendix may be deferred, Rule 30(b) applies; except that a party must designate the parts of the record it wants VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00048 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 35 FEDERAL RULES OF APPELLATE PROCEDURE Rule 31 included in the appendix when it serves its brief, and need not include a statement of the issues presented. (2) References to the Record. (A) If the deferred appendix is used, the parties may cite in their briefs the pertinent pages of the record. When the appendix is prepared, the record pages cited in the briefs must be indicated by inserting record page numbers, in brackets, at places in the appendix where those pages of the record appear. (B) A party who wants to refer directly to pages of the appendix may serve and file copies of the brief within the time required by Rule 31(a), containing appropriate references to pertinent pages of the record. In that event, within 14 days after the appendix is filed, the party must serve and file copies of the brief, containing references to the pages of the appendix in place of or in addition to the references to the pertinent pages of the record. Except for the correction of typographical errors, no other changes may be made to the brief. (d) Format of the Appendix. The appendix must begin with a table of contents identifying the page at which each part begins. The relevant docket entries must follow the table of contents. Other parts of the record must follow chronologically. When pages from the transcript of proceedings are placed in the appendix, the transcript page numbers must be shown in brackets immediately before the included pages. Omissions in the text of papers or of the transcript must be indicated by asterisks. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should be omitted. (e) Reproduction of Exhibits. Exhibits designated for inclusion in the appendix may be reproduced in a separate volume, or volumes, suitably indexed. Four copies must be filed with the appendix, and one copy must be served on counsel for each separately represented party. If a transcript of a proceeding before an administrative agency, board, commission, or officer was used in a district-court action and has been designated for inclusion in the appendix, the transcript must be placed in the appendix as an exhibit. (f) Appeal on the Original Record Without an Appendix. The court may, either by rule for all cases or classes of cases or by order in a particular case, dispense with the appendix and permit an appeal to proceed on the original record with any copies of the record, or relevant parts, that the court may order the parties to file. (As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.) Rule 31. Serving and Filing Briefs (a) Time to Serve and File a Brief. (1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. The appellant may serve and file a reply brief within 14 days after VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00049 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 32 FEDERAL RULES OF APPELLATE PROCEDURE 36 service of the appellee’s brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing. (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case. (b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for each separately represented party. An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number. (c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission. (As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 1, 1986; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009.) Rule 32. Form of Briefs, Appendices, and Other Papers (a) Form of a Brief. (1) Reproduction. (A) A brief 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) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer. (C) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy. (2) Cover. Except for filings by unrepresented parties, the cover of the appellant’s brief must be blue; the appellee’s, red; an intervenor’s or amicus curiae’s, green; any reply brief, gray and any supplemental brief, tan. The front cover of a brief must contain: (A) the number of the case centered at the top; (B) the name of the court; (C) the title of the case (see Rule 12(a)); (D) the nature of the proceeding (e.g., Appeal, Petition for Review) and the name of the court, agency, or board below; (E) the title of the brief, identifying the party or parties for whom the brief is filed; and (F) the name, office address, and telephone number of counsel representing the party for whom the brief is filed. (3) Binding. The brief must be bound in any manner that is secure, does not obscure the text, and permits the brief to lie reasonably flat when open. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00050 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 37 FEDERAL RULES OF APPELLATE PROCEDURE Rule 32 (4) Paper Size, Line Spacing, and Margins. The brief must be on 81⁄2 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. (5) Typeface. Either a proportionally spaced or a monospaced face may be used. (A) A proportionally spaced face must include serifs, but sans-serif type may be used in headings and captions. A proportionally spaced face must be 14-point or larger. (B) A monospaced face may not contain more than 101⁄2 characters per inch. (6) Type Styles. A brief must be set in a plain, roman style, although italics or boldface may be used for emphasis. Case names must be italicized or underlined. (7) Length. (A) Page limitation. A principal brief may not exceed 30 pages, or a reply brief 15 pages, unless it complies with Rule 32(a)(7)(B) and (C). (B) Type-volume limitation. (i) A principal brief is acceptable if: • it contains no more than 14,000 words; or • it uses a monospaced face and contains no more than 1,300 lines of text. (ii) A reply brief is acceptable if it contains no more than half of the type volume specified in Rule 32(a)(7)(B)(i). (iii) Headings, footnotes, and quotations count toward the word and line limitations. The corporate disclosure statement, table of contents, table of citations, statement with respect to oral argument, any addendum containing statutes, rules or regulations, and any certificates of counsel do not count toward the limitation. (C) Certificate of compliance. (i) A brief submitted under Rules 28.1(e)(2) or 32(a)(7)(B) must include a certificate by the attorney, or an unrepresented party, that the brief complies with the type-volume limitation. The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief. The certificate must state either: • the number of words in the brief; or • the number of lines of monospaced type in the brief. (ii) Form 6 in the Appendix of Forms is a suggested form of a certificate of compliance. Use of Form 6 must be regarded as sufficient to meet the requirements of Rules 28.1(e)(3) and 32(a)(7)(C)(i). (b) Form of an Appendix. An appendix must comply with Rule 32(a)(1), (2), (3), and (4), with the following exceptions: (1) The cover of a separately bound appendix must be white. (2) An appendix may include a legible photocopy of any document found in the record or of a printed judicial or agency decision. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00051 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 32.1 FEDERAL RULES OF APPELLATE PROCEDURE 38 (3) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an appendix may be a size other than 81⁄2 by 11 inches, and need not lie reasonably flat when opened. (c) Form of Other Papers. (1) Motion. The form of a motion is governed by Rule 27(d). (2) Other Papers. Any other paper, including a petition for panel rehearing and a petition for hearing or rehearing en banc, and any response to such a petition, must be reproduced in the manner prescribed by Rule 32(a), with the following exceptions: (A) A cover is not necessary if the caption and signature page of the paper together contain the information required by Rule 32(a)(2). If a cover is used, it must be white. (B) Rule 32(a)(7) does not apply. (d) Signature. Every brief, motion, or other paper filed with the court must be signed by the party filing the paper or, if the party is represented, by one of the party’s attorneys. (e) Local Variation. Every court of appeals must accept documents that comply with the form requirements of this rule. By local rule or order in a particular case a court of appeals may accept documents that do not meet all of the form requirements of this rule. (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005.) Rule 32.1. Citing Judicial Dispositions (a) Citation Permitted. A court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been: (i) designated as ‘‘unpublished,’’ ‘‘not for publication,’’ ‘‘nonprecedential,’’ ‘‘not precedent,’’ or the like; and (ii) issued on or after January 1, 2007. (b) Copies Required. If a party cites a federal judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of that opinion, order, judgment, or disposition with the brief or other paper in which it is cited. (As added Apr. 12, 2006, eff. Dec. 1, 2006.) Rule 33. Appeal Conferences The court may direct the attorneys—and, when appropriate, the parties—to participate in one or more conferences to address any matter that may aid in disposing of the proceedings, including simplifying the issues and discussing settlement. A judge or other person designated by the court may preside over the conference, which may be conducted in person or by telephone. Before a settlement conference, the attorneys must consult with their clients and obtain as much authority as feasible to settle the case. The court may, as a result of the conference, enter an order controlling the course of the proceedings or implementing any settlement agreement. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00052 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 39 FEDERAL RULES OF APPELLATE PROCEDURE Rule 35 Rule 34. Oral Argument (a) In General. (1) Party’s Statement. Any party may file, or a court may require by local rule, a statement explaining why oral argument should, or need not, be permitted. (2) Standards. Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the following reasons: (A) the appeal is frivolous; (B) the dispositive issue or issues have been authoritatively decided; or (C) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. (b) Notice of Argument; Postponement. The clerk must advise all parties whether oral argument will be scheduled, and, if so, the date, time, and place for it, and the time allowed for each side. A motion to postpone the argument or to allow longer argument must be filed reasonably in advance of the hearing date. (c) Order and Contents of Argument. The appellant opens and concludes the argument. Counsel must not read at length from briefs, records, or authorities. (d) Cross-Appeals and Separate Appeals. If there is a cross-appeal, Rule 28.1(b) determines which party is the appellant and which is the appellee for purposes of oral argument. Unless the court directs otherwise, a cross-appeal or separate appeal must be argued when the initial appeal is argued. Separate parties should avoid duplicative argument. (e) Nonappearance of a Party. If the appellee fails to appear for argument, the court must hear appellant’s argument. If the appellant fails to appear for argument, the court may hear the appellee’s argument. If neither party appears, the case will be decided on the briefs, unless the court orders otherwise. (f) Submission on Briefs. The parties may agree to submit a case for decision on the briefs, but the court may direct that the case be argued. (g) Use of Physical Exhibits at Argument; Removal. Counsel intending to use physical exhibits other than documents at the argument must arrange to place them in the courtroom on the day of the argument before the court convenes. After the argument, counsel must remove the exhibits from the courtroom, unless the court directs otherwise. The clerk may destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives notice to remove them. (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 2005.) Rule 35. En Banc Determination (a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard by the court of appeals en banc. An VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00053 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 36 FEDERAL RULES OF APPELLATE PROCEDURE 40 en banc hearing or rehearing is not favored and ordinarily will not be ordered unless: (1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question of exceptional importance. (b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or rehearing en banc. (1) The petition must begin with a statement that either: (A) the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed (with citation to the conflicting case or cases) and consideration by the full court is therefore necessary to secure and maintain uniformity of the court’s decisions; or (B) the proceeding involves one or more questions of exceptional importance, each of which must be concisely stated; for example, a petition may assert that a proceeding presents a question of exceptional importance if it involves an issue on which the panel decision conflicts with the authoritative decisions of other United States Courts of Appeals that have addressed the issue. (2) Except by the court’s permission, a petition for an en banc hearing or rehearing must not exceed 15 pages, excluding material not counted under Rule 32. (3) For purposes of the page limit in Rule 35(b)(2), if a party files both a petition for panel rehearing and a petition for rehearing en banc, they are considered a single document even if they are filed separately, unless separate filing is required by local rule. (c) Time for Petition for Hearing or Rehearing En Banc. A petition that an appeal be heard initially en banc must be filed by the date when the appellee’s brief is due. A petition for a rehearing en banc must be filed within the time prescribed by Rule 40 for filing a petition for rehearing. (d) Number of Copies. The number of copies to be filed must be prescribed by local rule and may be altered by order in a particular case. (e) Response. No response may be filed to a petition for an en banc consideration unless the court orders a response. (f) Call for a Vote. A vote need not be taken to determine whether the case will be heard or reheard en banc unless a judge calls for a vote. (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 2005.) Rule 36. Entry of Judgment; Notice (a) Entry. A judgment is entered when it is noted on the docket. The clerk must prepare, sign, and enter the judgment: (1) after receiving the court’s opinion—but if settlement of the judgment’s form is required, after final settlement; or (2) if a judgment is rendered without an opinion, as the court instructs. (b) Notice. On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion—or the judgment, if no VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00054 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 41 FEDERAL RULES OF APPELLATE PROCEDURE Rule 39 opinion was written—and a notice of the date when the judgment was entered. (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.) Rule 37. Interest on Judgment (a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a civil case is affirmed, whatever interest is allowed by law is payable from the date when the district court’s judgment was entered. (b) When the Court Reverses. If the court modifies or reverses a judgment with a direction that a money judgment be entered in the district court, the mandate must contain instructions about the allowance of interest. (As amended Apr. 24, 1998, eff. Dec. 1, 1998.) Rule 38. Frivolous Appeal—Damages and Costs If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.) Rule 39. Costs (a) Against Whom Assessed. The following rules apply unless the law provides or the court orders otherwise: (1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise; (2) if a judgment is affirmed, costs are taxed against the appellant; (3) if a judgment is reversed, costs are taxed against the appellee; (4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders. (b) Costs For and Against the United States. Costs for or against the United States, its agency, or officer will be assessed under Rule 39(a) only if authorized by law. (c) Costs of Copies. Each court of appeals must, by local rule, fix the maximum rate for taxing the cost of producing necessary copies of a brief or appendix, or copies of records authorized by Rule 30(f). The rate must not exceed that generally charged for such work in the area where the clerk’s office is located and should encourage economical methods of copying. (d) Bill of Costs: Objections; Insertion in Mandate. (1) A party who wants costs taxed must—within 14 days after entry of judgment—file with the circuit clerk, with proof of service, an itemized and verified bill of costs. (2) Objections must be filed within 14 days after service of the bill of costs, unless the court extends the time. (3) The clerk must prepare and certify an itemized statement of costs for insertion in the mandate, but issuance of the mandate must not be delayed for taxing costs. If the mandate VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00055 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 40 FEDERAL RULES OF APPELLATE PROCEDURE 42 issues before costs are finally determined, the district clerk must—upon the circuit clerk’s request—add the statement of costs, or any amendment of it, to the mandate. (e) Costs on Appeal Taxable in the District Court. The following costs on appeal are taxable in the district court for the benefit of the party entitled to costs under this rule: (1) the preparation and transmission of the record; (2) the reporter’s transcript, if needed to determine the appeal; (3) premiums paid for a supersedeas bond or other bond to preserve rights pending appeal; and (4) the fee for filing the notice of appeal. (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.) Rule 40. Petition for Panel Rehearing (a) Time to File; Contents; Answer; Action by the Court if Granted. (1) Time. Unless the time is shortened or extended by order or local rule, a petition for panel rehearing may be filed within 14 days after entry of judgment. But in a civil case, unless an order shortens or extends the time, the petition may be filed by any party within 45 days after entry of judgment if one of the parties is: (A) the United States; (B) a United States agency; (C) a United States officer or employee sued in an official capacity; or (D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf—including all instances in which the United States represents that person when the court of appeals’ judgment is entered or files the petition for that person. (2) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. Oral argument is not permitted. (3) Answer. Unless the court requests, no answer to a petition for panel rehearing is permitted. But ordinarily rehearing will not be granted in the absence of such a request. (4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following: (A) make a final disposition of the case without reargument; (B) restore the case to the calendar for reargument or resubmission; or (C) issue any other appropriate order. (b) Form of Petition; Length. The petition must comply in form with Rule 32. Copies must be served and filed as Rule 31 prescribes. Unless the court permits or a local rule provides otherwise, a petition for panel rehearing must not exceed 15 pages. (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2011, eff. Dec. 1, 2011.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00056 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 43 FEDERAL RULES OF APPELLATE PROCEDURE Rule 43 Rule 41. Mandate: Contents; Issuance and Effective Date; Stay (a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of the court’s opinion, if any, and any direction about costs. (b) When Issued. The court’s mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time. (c) Effective Date. The mandate is effective when issued. (d) Staying the Mandate. (1) On Petition for Rehearing or Motion. The timely filing of a petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, stays the mandate until disposition of the petition or motion, unless the court orders otherwise. (2) Pending Petition for Certiorari. (A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the certiorari petition would present a substantial question and that there is good cause for a stay. (B) The stay must not exceed 90 days, unless the period is extended for good cause or unless the party who obtained the stay files a petition for the writ and so notifies the circuit clerk in writing within the period of the stay. In that case, the stay continues until the Supreme Court’s final disposition. (C) The court may require a bond or other security as a condition to granting or continuing a stay of the mandate. (D) The court of appeals must issue the mandate immediately when a copy of a Supreme Court order denying the petition for writ of certiorari is filed. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009.) Rule 42. Voluntary Dismissal (a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk, the district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the appellant’s motion with notice to all parties. (b) Dismissal in the Court of Appeals. The circuit clerk may dismiss a docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any fees that are due. But no mandate or other process may issue without a court order. An appeal may be dismissed on the appellant’s motion on terms agreed to by the parties or fixed by the court. (As amended Apr. 24, 1998, eff. Dec. 1, 1998.) Rule 43.

Substitution of Parties

Death...

(b) Substitution for a Reason Other Than Death. If a party needs to be substituted for any reason other than death, the procedure prescribed in Rule 43(a) applies. (c) Public Officer: Identification; Substitution. (1) Identification of Party. A public officer who is a party to an appeal or other proceeding in an official capacity may be described as a party by the public officer’s official title rather than by name. But the court may require the public officer’s name to be added.

Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party (a) Constitutional Challenge to Federal Statute. If a party questions the constitutionality of an Act of Congress in a proceeding in which the United States or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the circuit clerk immediately upon the filing of the record or as soon as the question is raised in the court of appeals. The clerk must then certify that fact to the Attorney General. (b) Constitutional Challenge to State Statute. If a party questions the constitutionality of a statute of a State in a proceeding VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00058 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 45 FEDERAL RULES OF APPELLATE PROCEDURE Rule 45 in which that State or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the circuit clerk immediately upon the filing of the record or as soon as the question is raised in the court of appeals. The clerk must then certify that fact to the attorney general of the State. (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)

Rule 45. Clerk’s Duties (a) General Provisions. (1) Qualifications. The circuit clerk must take the oath and post any bond required by law. Neither the clerk nor any deputy clerk may practice as an attorney or counselor in any court while in office. (2) When Court Is Open. The court of appeals is always open for filing any paper, issuing and returning process, making a motion, and entering an order. The clerk’s office with the clerk or a deputy in attendance must be open during business hours on all days except Saturdays, Sundays, and legal holidays. A court may provide by local rule or by order that the clerk’s office be open for specified hours on Saturdays or on legal holidays other than New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. (b) Records. (1) The Docket. The circuit clerk must maintain a docket and an index of all docketed cases in the manner prescribed by the Director of the Administrative Office of the United States Courts. The clerk must record all papers filed with the clerk and all process, orders, and judgments. (2) Calendar. Under the court’s direction, the clerk must prepare a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk must give preference to appeals in criminal cases and to other proceedings and appeals entitled to preference by law. (3) Other Records. The clerk must keep other books and records required by the Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of the United States, or by the court. (c) Notice of an Order or Judgment. Upon the entry of an order or judgment, the circuit clerk must immediately serve a notice of entry on each party, with a copy of any opinion, and must note the date of service on the docket. Service on a party represented by counsel must be made on counsel. (d) Custody of Records and Papers. The circuit clerk has custody of the court’s records and papers. Unless the court orders or instructs otherwise, the clerk must not permit an original record or paper to be taken from the clerk’s office. Upon disposition of the case, original papers constituting the record on appeal or review must be returned to the court or agency from which they were received. The clerk must preserve a copy of any brief, appendix, or other paper that has been filed. VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00059 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Rule 46 FEDERAL RULES OF APPELLATE PROCEDURE 46 (As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005.)

Rule 46. Attorneys (a) Admission to the Bar. (1) Eligibility. An attorney is eligible for admission to the bar of a court of appeals if that attorney is of good moral and professional character and is admitted to practice before the Supreme Court of the United States, the highest court of a state, another United States court of appeals, or a United States district court (including the district courts for Guam, the Northern Mariana Islands, and the Virgin Islands). (2) Application. An applicant must file an application for admission, on a form approved by the court that contains the applicant’s personal statement showing eligibility for membership. The applicant must subscribe to the following oath or affirmation: ‘‘I, llllllllllll, do solemnly swear [or affirm] that I will conduct myself as an attorney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States.’’ (3) Admission Procedures. On written or oral motion of a member of the court’s bar, the court will act on the application. An applicant may be admitted by oral motion in open court. But, unless the court orders otherwise, an applicant need not appear before the court to be admitted. Upon admission, an applicant must pay the clerk the fee prescribed by local rule or court order. (b) Suspension or Disbarment. (1) Standard. A member of the court’s bar is subject to suspension or disbarment by the court if the member: (A) has been suspended or disbarred from practice in any other court; or (B) is guilty of conduct unbecoming a member of the court’s bar. (2) Procedure. The member must be given an opportunity to show good cause, within the time prescribed by the court, why the member should not be suspended or disbarred. (3) Order. The court must enter an appropriate order after the member responds and a hearing is held, if requested, or after the time prescribed for a response expires, if no response is made. (c) Discipline. A court of appeals may discipline an attorney who practices before it for conduct unbecoming a member of the bar or for failure to comply with any court rule. First, however, the court must afford the attorney reasonable notice, an opportunity to show cause to the contrary, and, if requested, a hearing. (As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998.) Rule 47. Local Rules by Courts of Appeals (a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00060 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 47 FEDERAL RULES OF APPELLATE PROCEDURE Rule 48 notice and opportunity for comment, make and amend rules governing its practice. A generally applicable direction to parties or lawyers regarding practice before a court must be in a local rule rather than an internal operating procedure or standing order. A local rule must be consistent with—but not duplicative of—Acts of Congress and rules adopted under 28 U.S.C. § 2072 and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. Each circuit clerk must send the Administrative Office of the United States Courts a copy of each local rule and internal operating procedure when it is promulgated or amended. (2) A local rule imposing a requirement of form must not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply with the requirement. (b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the circuit. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement. (As amended Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998.) Rule 48. Masters (a) Appointment; Powers. A court of appeals may appoint a special master to hold hearings, if necessary, and to recommend factual findings and disposition in matters ancillary to proceedings in the court. Unless the order referring a matter to a master specifies or limits the master’s powers, those powers include, but are not limited to, the following: (1) regulating all aspects of a hearing; (2) taking all appropriate action for the efficient performance of the master’s duties under the order; (3) requiring the production of evidence on all matters embraced in the reference; and (4) administering oaths and examining witnesses and parties. (b) Compensation. If the master is not a judge or court employee, the court must determine the master’s compensation and whether the cost is to be charged to any party. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00061 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00062 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB (49)

APPENDIX OF FORMS Form 1. Notice of Appeal to a Court of Appeals From a Judgment

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Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court United States District Court for the lllllllllllllll District of lllllllllll File Number lllllllll A.B., Plaintiff v. # Notice of Appeal C.D., Defendant Notice is hereby given that lll(here name all parties taking the appeal)lll, (plaintiffs) (defendants) in the above named case,* hereby appeal to the United States Court of Appeals for the lll Circuit (from the final judgment) (from an order (describing it)) entered in this action on the ll day of lllllll, 20l. (s)llllllllllll Attorney for llllll Address: llllllll *See Rule 3(c) for permissible ways of identifying appellants. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) Form 2. Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court UNITED STATES TAX COURT Washington, D.C. Notice of Appeal Notice is hereby given that lll(here name all parties taking the appeal) *lll hereby appeal to the United States Court of Appeals for the lll Circuit from (that part of) the decision of this court entered in the above captioned proceeding on the llll day of lllllllllll, 20l (relating to llllllllll). (s)llllllllllll Counsel for llllll Address: llllllll *See Rule 3(c) for permissible ways of identifying appellants. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00063 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB ApF2.eps Form 3 FEDERAL RULES OF APPELLATE PROCEDURE 50 Form 3. Petition for Review of Order of an Agency, Board, Commission or Officer United States Court of Appeals for the lllllllll Circuit A.B., Petitioner v. # Petition for Review XYZ Commission, Respondent lll(here name all parties bringing the petition) *lll hereby petition the court for review of the Order of the XYZ Commission (describe the order) entered on lllll, 20l. (s)lllllllllllll, Attorney for Petitioners Address:lllllllll *See Rule 15. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00064 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB 51 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00065 Fmt 5816 Sfmt 5815 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Apf4p1.eps Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 52 VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00066 Fmt 5816 Sfmt 5815 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Apf4p2.eps 53 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00067 Fmt 5816 Sfmt 5815 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Apf4p3.eps Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 54 VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00068 Fmt 5816 Sfmt 5815 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Apf4p4.eps 55 FEDERAL RULES OF APPELLATE PROCEDURE Form 4 VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00069 Fmt 5816 Sfmt 5815 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Apf4p5.eps Form 4 FEDERAL RULES OF APPELLATE PROCEDURE 56 (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 16, 2013, eff. Dec. 1, 2013.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00070 Fmt 5816 Sfmt 5815 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB Apf4p6.eps 57 FEDERAL RULES OF APPELLATE PROCEDURE Form 5 Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court or a Bankruptcy Appellate Panel Notice of Appeal to United States Court of Appeals for the llllll Circuit llllllll, the plaintiff [or defendant or other party] appeals to the United States Court of Appeals for the llllll Circuit from the final judgment [or order or decree] of the district court for the district of llllll [or bankruptcy appellate panel of the llllll circuit], entered in this case on llllll, 20ll [here describe the judgment, order, or decree] llllllllllllllllllllllllllllll The parties to the judgment [or order or decree] appealed from and the names and addresses of their respective attorneys are as follows: Dated llllllllllll Signed llllllllllll Attorney for Appellant Address: lllllllllll llllllllllllllll (As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Mar. 27, 2003, eff. Dec. 1, 2003.) VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00071 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY BOB ApF5.eps Form 6 FEDERAL RULES OF APPELLATE PROCEDURE 58 Form 6. Certificate of Compliance With Rule 32(a) (As added Apr. 29, 2002, eff. Dec. 1, 2002.) Æ VerDate Aug 31 2005 13:52 Dec 21, 2015 Jkt 097420 PO 00000 Frm 00072 Fmt 5816 Sfmt 5816 T:\TS\PAMP2015\FORJUD~1\APPELL~1\APPL2015.XY

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