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division thereof to order, that all or designated parts of the record be transmitted.
(b) Eight copies of such record as is designated or agreed upon shall be filed with the briefs.
(c) It shall be the responsibility of the parties, within the time periods incorporated in these rules, to agree upon and provide for the submission of the agreed upon parts of the record. Rule 17 Appendix.
The procedure described in Rule 30(f), Federal Rules of Appellate Procedure for hearing appeals on the original record without the necessity of an appendix is authorized in all appeals. The appellant shall file together with his brief eight clearly legible copies of the reporter's transcript or of so much thereof as he desires the court to read, and both parties in their briefs shall invite the court's attention to the portions of the transcript deemed relevant to each point. If eight copies are not available without incurring added expense, application for leave to proceed with a smaller number of copies may be made. Rule 18 Motions.
(a) Motions will ordinarily be heard on typewritten motion papers and briefs filed with the court. Seven copies of all papers shall be filed with the original, but the court, a division thereof, or the Chief Judge may require additional copies. No oral argument will be heard unless ordered by the court, a division thereof, or a Judge thereof. Counsel may assume there will be no oral argument unless advised by the clerk to appear at a time and place fixed by the court or a member thereof.
(b) A motion for a stay of the judgment or order of a district court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting an injunction during the pendency of an appeal shall include a copy of the judgment, decision or order involved and the opinion thereon, if any.
(c) If there is failure to comply with the provisions of paragraph (b) of this rule, the court will not consider the motion in question until there is either full compliance, or a satisfactory explanation of the failure so to comply.
A motion is affirmatively opposed only when a document is filed which clearly sets forth opposition to the relief sought in the motion with points and authorities incorporated therein or any part thereof, and is filed within the time limitations of Rule 27, Federal Rules of Appellate Procedure. Rule 19 Docket control.
In the interest of docket control, the Chief Judge or another judge or judges designated by him may from time to time review pending cases for appropriate assignment or disposition under Rules 21, 22, or 23 of this Appendix or any other Rule of this court. Rule 20 Oral argument.
(a) Number of Counsel. Not more than two counsel shall be heard for each side in the argument of the case, except by special leave of the court or a division thereof, upon sufficient reason shown. Not more than one counsel shall be heard for each side in cases placed on the summary calendar.
(b) Time Allowed for Argument. Counsel in all cases scheduled for argument on the merits shall be allotted 30 minutes to a side, except that only 15 minutes to a side shall be allotted to cases placed on the summary calendar and to motions scheduled for argument. A motion or request pursuant to Rule 34(b), Federal Rules of Appellate Procedure, for the allowance of additional time shall be filed or made not later than 7 days after appellee's brief has been filed. Where two or more cases are consolidated they shall be considered as one case for the allotment of time for argument.
(c) Apportionment of Time. Counsel for the parties, including counsel for any intervenor, on each side may agree on the apportionment of the side's time; otherwise the court will apportion it. Counsel for an intervenor ordinarily shall be permitted to argue only to the extent that counsel for the party on whose side he intervenes is willing to share his allotted time. If the apportionment is agreed upon, counsel who opens the argument on his side shall announce the apportionment. The time so apportioned to each party shall not be exceeded unless the court permits, in which event the time apportioned to the other parties on that side will not be reduced.
(d) Failure to File Brief. A party who fails to file a brief shall not be heard at the time of oral argument except by permission of the court. Rule 21 Summary calendar.
(a) Whenever the Chief Judge, sua sponte, or on the recommendation of a Judge acting under Rule 19 of this Appendix or on suggestion of a party, concludes that a case is of such character as not to justify oral argument, the case may be placed on a summary calendar of a division.
(b) A separate summary calendar will be maintained for those cases to be considered without oral argument. Cases will be placed on the summary calendar by the clerk, pursuant to directions from the court.
(c) A separate summary calendar will be maintained for cases to be heard with restricted oral argument.
(d) Notice in writing shall be given to the parties or their counsel, of the transfer of the case to the summary calendar.
Rule 22 Motion to dismiss or affirm.
(a) Within a maximum of 10 days after the appeal has been docketed in this court, the appellee may file a motion to dismiss or a motion to affirm. Where appropriate, a motion to affirm may be united in the alternative with a motion to dismiss. The limitation of 10 days may be extended by the court, a division thereof, or the Chief Judge on proper showing of extraordinary reason for delay in filing a motion to dismiss or affirm, upon such terms and conditions as may be prescribed, or such extension may be granted sua sponte.
(b) The motion to dismiss or affirm shall be filed with the clerk in conformity with Rule 27 of the Federal Rules of Appellate Procedure, except clause (d) thereof.
(c) The appellant shall have 7 days from the date of receipt of the motion to dismiss or affirm within which to file a response opposing the motion. Such response may be typewritten and eight copies, with proof of service, shall be filed with the clerk.
(d) The time for filing briefs pursuant to Rule 28 of this Appendix shall not be tolled or extended by the filing of a motion to dismiss or affirm.
Rule 23 Frivolous and unmeritorious appeals and undue delay.
(a) If upon the hearing of any interlocutory motion or as a result of a review under Rule 19 of this Appendix, it shall appear to the court, or a division thereof, that the appeal is frivolous and entirely without merit, the appeal will be dismissed without notice.
(b) The court, sua sponte or on motion, may dismiss with prejudice, for undue delay, any case in which there has been a deliberate effort on the part of counsel to avoid prompt hearing and disposition on the merits.
Rule 24 Record, appendix and other written materials filed.
Printing of the record, appendix, briefs or any other papers filed in the court is not required. Papers may be typewritten, on standard legal-size paper, with copies reproduced by any method resulting in clearly-readable copy. All written material shall be double spaced. Briefs shall be bound in soft covers, fastened at the left side at three places. Eight copies of the brief shall be filed with the original, but the court may require that additional copies be filed.
Rule 25 Question certified by district court.
(a) When a district court certifies to this court a question involving a substantial constitutional issue, the certificate shall contain a statement of the nature of the cause and of the facts on which such issue arises.
(b) If in a cause certified by a district court, it appears that there is special reason therefor, this court or the Chief Judge may on application, or sua sponte, require that the entire record of the case in the district court be forwarded so that the entire matter in controversy be considered and decided.
(c) Where application is made under the preceding paragraph for direction that the entire record be forwarded, the application must be accompanied by a certified copy thereof. Rule 26 Constitutional issues.
(a) When a constitutional issue is certified by a district court under $ 211(c) of the Economic Stabilization Act of 1970 as amended, the clerk will upon receipt thereof from the district court notify the plaintiff in the district court, who shall thereupon pay the docket fee, after which the case will be placed on the docket. If the plaintiff fails to pay the fee, unless exempt or relieved from its payment, the proceeding will be dismissed.
(b) After docketing, the certificate shall be submitted to the Chief Judge for disposition pursuant to Rule 19 for a preliminary examination to determine whether the case shall be set for argument on briefs, whether the certificate will be dismissed, or whether other disposition shall be made in accord with section 211(c) of P.L. 92–210.
(c) Any portion of the record in the district court to which the parties wish to invite the court's particular attention in a certified proceeding shall be included in a single appendix prepared by the plaintiff in the district court, but the fact that any part of the record has not been included shall not prevent the parties or the court from referring to it.
(d) Briefs on the merits in proceedings on certificates shall comply with Rule 25 of this Appendix except that the brief of the party who was plaintiff below shall be filed within 20 days after the certificate has been filed in this court. Rule 27 Filing.
(a) Notices of Appeal will be filed in duplicate with the Clerk of the United States Court of Appeals of the circuit in which the district court which tried the case is located. Such notices will be filed then in the following cities: (1) For cases originating in the First Circuit--
New York, New York
New Orleans, Louisiana
St. Louis, Missouri
San Francisco, California
Washington, D.C. (b) Subsequent pleadings in the number required by the provisions of these Rules will be filed at the same city where the Notice of Appeal is filed.
(c) The clerk of each Circuit Court will maintain one copy of all documents filed with his office in a file containing only documents related to Temporary Emergency Court of Appeals cases and will promptly forward all additional copies of all documents, by preferred mail, to the Clerk of the Temporary Emergency Court of Appeals in Washington, D.C. Rule 28 Filing and service of briefs.
The appellant shall serve and file his brief within twenty days after the date on which the record is filed. The appellee shall serve and file his brief within fifteen days after service of the brief of the appellant. The appellant may serve and file a reply brief within seven days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least three days before argument. Rule 29 Numbering of cases.
Cases filed will be numbered chronologically, each number to be preceded by a prefix identifying by number the circuit in which the action originated. The letters
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"D.C.” will be the prefix identifying cases originating in the District of Columbia Circuit. Rule 30 Docket.
(a) A docket of all cases pending before the court will be maintained by the clerk of the court in his office in Washington, D.C.
(b) The clerk of court of each circuit will maintain an auxiliary docket upon which will be recorded the customary entries relating to all filings and events occurring in his circuit. Rule 31 Briefs.
Briefs, except as herein provided, shall be prepared in accordance with the provisions of Rule 28, Federal Rules of Appellate Procedure.
(a) Except by permission of the court or a division thereof, principal briefs, including those of intervenors, shall not exceed 25 pages, exclusive of pages containing the Table of Contents, Tables of Citations and any Addenda or Appendices containing statutes, rules, regulations or exhibits.
(b) Reply briefs shall not exceed 15 pages. Rule 32 Opinions and rulings of the court.
(a) The court will adopt and promulgate a rule governing the manner, form and place of issuance of its opinions.
(b) In accordance with recommendations for improvement of judicial administration, this court may, while according full consideration of the issues, dispense with opinions where the issues occasion no need therefor, and confine its action to such abbreviated disposition as it may deem appropriate, e.g., affirmance by order of a decision or judgment of a court; a judgment of affirmance or reversal, containing a notation of precedents, or accompanied by a brief memorandum.
APPENDIX B-DELEGATIONS OF AUTHORITY
COST OF LIVING COUNCIL rectly or indirectly, by the person charg[Cost of Living Council Order No. 1]
ing, assessing, or receiving, the higher
price. Any increase in price, whether at Director, Office of Emergency wholesale or retail or otherwise, which is Preparedness
greater than that necessary to offset the
supplemental duty actually passed on to, Pursuant to the authority vested in the and paid by, the person charging, assesCouncil by section 4 of Executive Order
sing, or receiving, the higher price, shall No. 11615 (hereinafter referred to as the
be deemed to be in violation of that order. order), it is hereby ordered as follows:
Any person increasing prices pursuant 1. There is hereby delegated to the Di- to the authorization contained herein rector, Office of Emergency Preparedness shall maintain adequate records to dem(hereinafter referred to as the Director), onstrate that such increases are in fact responsibility and authority to imple- authorized by this order. ment, administer, monitor, and enforce
[36 F.R. 16215, Aug. 20, 1971] the stabilization of prices, rents, wages, and salaries as directed by section 1 of
(Cost of Living Council Order No. 3] the order.
Pay Board 2. There is hereby delegated to the Director the authority vested in the Coun- Pursuant to the authority vested in the cil by sections 4(a), 5, and 7 of the order. Council by section 4 of Executive Order 3. All executive departments and agen
No. 11627 (hereinafter referred to as the cies shall furnish such necessary assist- Executive order), it is hereby ordered as ance to the Director as may be author- follows: ized by section 214 of the Act of May 3, 1. (a) There is delegated to the Pay 1945, 59 Stat. 134 (31 U.S.C. 691).
Board (established by section 7 of the 4. Significant policy decisions shall be
Executive order) acting through its made only after consultation with the
Chairman, responsibility for implementCouncil.
ing, administering, monitoring, and pro5. The Director may redelegate to any
viding for the enforcement of the agency, instrumentality, or official of the
stabilization of wages and salaries in conUnited States any authority under this
formity with the Executive order. order, and may, in carrying out the func
(b) More particularly, the Pay Board, tions delegated to it by this order, utilize
acting through its Chairman, shall estabthe services of any other agencies, Fed
lish criteria, standards, and implementaeral or State, as may be available and
tion procedures designed to stabilize appropriate.
wages and salaries within the general
economic stabilization goals and cover[36 F.R. 16215, Aug. 20, 1971]
age determination developed by the [Cost of Living Council Order No. 2] Council. Such procedures shall include, Imposition of Supplemental Duty
but not be limited to, those necessary to
(1) Decide individual cases brought to Pursuant to the authority vested in the its attention (including requests for Council by Executive Order No. 11615, it
expections); is hereby ordered that there are ex
(2) Recommend to the Department of empted from the prohibitions of section
Justice enforcement action designated to 1 of that order articles imported into the Customs territory of the United States
assure compliance; from outside thereof, to the extent, but
(3) Maintain liaison to insure cononly to the extent, that any price higher
sistency between the Pay Board and the than that permitted under that order is
Price Commission and other organizato offset the supplemental duty imposed tional units of the economic stabilization by Proclamation No. 4074 and paid, di