Courts of Appeal

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A Primer on the Jurisdiction of the U.S. Courts of Appeals, Third Edition

Thomas E. Baker

August 3, 2023

This primer is a brief introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. courts of appeals. It examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

History of the Article III Appellate Courts, 1789–2021

Jon O. Newman

November 2, 2021

This article discusses the way in which federal Article III appellate courts have evolved through legislation from the old circuit courts created by the Judiciary Act of 1789, to the circuit courts of appeals created by the Evarts Act of 1891, and ultimately to the modern courts of appeals, as th

Certification of Questions of State Law in the U.S. Courts of Appeals for the Third, Sixth, and Ninth Circuits (2010–2018)

Jason A. Cantone, Carly E. Giffin

June 3, 2020

This report evaluates the use of certified questions of state law between 2010 and 2018 in three U.S. circuit courts of appeal: the Ninth, Sixth, and Third Circuits. The data shows variation in the rate of certification and timing of certification events between the circuits.

Practice Handbook on Certification of State Law Questions by the United States Court of Appeals for the Second Circuit to the New York State Court of Appeals

May 30, 2017

This handbook was developed by the Advisory Group to the New York State and Federal Judicial Council to provide readily accessible guidance to attorneys working on cases in the U.S.

Comparative Study of the Taxation of Costs in the Circuit Courts of Appeals Under Rule 39 of the Federal Rules of Appellate Procedure: Report to the Advisory Committee on Appellate Rules of the Judicial Conference of the United States

Marie Leary

April 1, 2011

The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure.

Case Management Procedures in the Federal Courts of Appeals, Second Edition

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

January 1, 2011

This report details the varying appellate practices and procedures of the U.S. courts of appeals within the generally uniform appellate scheme imposed by the Federal Rules of Appellate Procedure.

A Primer on the Jurisdiction of the U.S. Courts of Appeals, Second Edition [Superseded]

Thomas E. Baker

January 1, 2009

Superseded by A Primer on the Jurisdiction of the U.S. Courts of Appeals, Third Edition.

Citing Unpublished Federal Appellate Opinions Issued Before 2007

Robert Timothy Reagan

March 9, 2007

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

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

Robert Timothy Reagan

October 1, 2006

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

Mediation & Conference Programs in the Federal Courts of Appeals: A Sourcebook for Judges and Lawyers, Second Edition

Robert J. Niemic

January 1, 2006

This sourcebook is a reference guide on mediation and settlement conference programs in the thirteen federal courts of appeals. The Federal Judicial Center published the first edition of this sourcebook in 1997.

Federal Judicial Center

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