(c) Not Used Below. When a visual aid was not part of the presentation below, its proposed use shall be brought to the attention of opposing counsel not less than 15 days before the date of hearing. Objections, if any, shall be in writing, served on all adverse parties and filed not less than 5 days prior to the hearing date. This rule shall neither preclude agreement of counsel on the use of visual aids nor preclude use of a chalkboard or equivalent during oral argument.

(d) Disposition. The clerk may dispose of visual aids left in his custody more than 90 days after the appeal is decided.

Rule 15. Oral Argument

(a) General. FRAP 34, as supplemented by the additional provisions of this rule, shall apply to oral argument. The provisions of FRAP 34(a) respecting unanimity of the panel in dispensing with oral argument, opportunity to submit a statement supporting oral argument, and the criteria to be employed in determining whether oral argument is needed, are adopted and made part of this rule.

(b) Time Allowed. The time allowed each side for oral argument shall be determined by the court. Counsel will be advised by the clerk of the time allotted by the court. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary.

(c) Amicus Curiae. Except as provided in rule 9(1) of these rules, a motion of an amicus curiae to participate in oral argument will be granted only for extraordinary reasons.

(d) In Camera Hearing. As reflected in rule 11(e), the court may sit in camera.

Rule 16. Citation of Additional Authorities

When a pertinent and significant authority comes to the attention of a party after its brief has been filed, or after oral argument but before decision, the party may, without special leave of court, file with the clerk an original and five copies of a letter addressed to the court citing the additional authority, with service upon opposing counsel. The letter shall refer either to a page of the brief or to a point raised at oral argument and shall state in a single sentence the proposition the authority supports. It shall contain no other argument or explanation. A copy of the authority cited, if not yet published, shall accompany each copy of the letter. Any response shall be made within 7 days of receipt of service by opposing counsel, shall be limited to a short statement of why the authority is considered inapplicable, and shall be served upon counsel who filed the additional authority.

Rule 17. Fees

(a) Schedule of Fees. Except as expressly provided in these rules, the fees to be charged by the clerk of this court shall be the fees prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1913. No fees are to be charged for services rendered on behalf of the United States. The fees are as follows:

(1) For docketing a case on appeal or petition for review, or docketing any other proceeding, $100. A separate fee shall be paid by each party filing a notice of appeal or petition for review, but parties filing a joint notice of appeal or petition for review are required to pay only one fee. The docketing fee shall not be charged for the docketing of an application for the allowance of an interlocutory appeal under 28 U.S.C. § 1292(d) unless the appeal is allowed.

The docketing fee will be paid to the clerk of the trial court on the filing of the notice of appeal in that court. The docketing fee will be paid to the clerk of this court on the docketing of any other proceeding, including appeals or petitions for review from the Patent and Trademark Office or the Merit Systems Protection Board or from any other administrative agency.

(2) For every search of the records of the court and certifying the results thereof, $15. (3) For certifying any document or paper, other than a certificate of admission to the bar but including a certificate of good standing, whether the certification is made directly on the document or by separate instrument, $5.

(4) For reproducing any record or paper, 50 cents per page. This fee shall apply to paper copies made from either: (1) original documents; or (2) microfiche or microfilm reproductions of the original records.

(5) For reproduction of magnetic tape recordings, either cassette or reel-to-reel, $15 including the cost of materials.

(6) For reproduction of the record in any appeal in which the requirement of an appendix is dispensed with pursuant to FRAP 30(f), a flat fee of $25.

(7) For each microfiche or microfilm copy of any court record, where available, $3.

(8) For retrieval of a record from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court, $25.

(9) For a check paid into the court which is returned for lack of funds, $25.

(10) For each copy of an opinion (including any separate and dissenting opinions), $2. No charge shall be assessed for:

(i) A copy of the opinion furnished to each party of record in the case, and

(ii) Copies of opinions furnished persons and organizations whose names are included on a public interest list established by order of the court.

(b) Fees to be Paid in Advance. The clerk shall not be required to docket any proceeding or perform any other service until all fees due the clerk have been paid, except at the direction of a judge of this court or where a party has been granted leave to proceed without prepayment of fees.

(c) Dismissal of Appeal for Failure to Pay Docketing Fee. If a proceeding is docketed without prepayment of the docketing fee, the appellant shall pay the fee within 14 days after dock

eting. If the appellant fails to do so, the clerk is authorized to dismiss the appeal.

(As amended May 1, 1987.)

IV. DISPOSITION OF CAUSES

Rule 18. Opinions and Orders of the Court

(a) Disposition of Appeals. Disposition of appeals may be announced in a published or unpublished opinion or order.

(b) Other Orders. The action of the court in granting or denying motions, petitions, and similar actions, may be announced in a published or unpublished order.

(c) Publication. Opinions and orders which do not add significantly or usefully to the body of law or would not have precedential value will not be published in commercial reports of decisions. Opinions and orders designated as unpublished shall not be employed as precedent by this court, nor may they be cited by counsel as precedent, except in support of a claim of res judicata, collateral estoppel, or law of the case. Any person may request that an unpublished opinion or order be reissued for publication, citing reasons therefor. Such request will be granted or denied by the panel that rendered the decision.

(d) Public Records. All decisions, and opinions and orders accompanying decisions, of this court shall be provided to the parties, shall be public records of the court, and shall be accessible to and subject to comment and reproduction by the public.

Rule 19. Petitions for Rehearing and Suggestions for Hearing and Rehearing In Banc

(a) General. FRAP 35 and 40, as supplemented by the additional provisions of this rule, shall apply to petitions for rehearing and to suggestions for hearing or rehearing in banc. A suggestion for in banc consideration, whether upon initial hearing or rehearing, is an extraordinary procedure. Upon initial hearing, the suggestion is intended to bring to the attention of the entire court a precedent-setting question of exceptional importance. On rehearing, the suggestion is intended to bring to the entire court either a precedent-setting question of exceptional importance or a panel opinion that is allegedly in conflict with precedent of the Supreme Court in the United States or of this circuit. The petition for rehearing or suggestion for rehearing in banc shall state on the cover whether it requests rehearing by the panel or suggests rehearing in banc or both. Counsel are reminded that the duty of counsel is fully discharged without filing a suggestion for rehearing in banc if the case does not meet the rigid standards of FRAP 35(a), and that the filing of a petition for rehearing or suggestion for rehearing in banc is not prerequisite to filing a petition for a writ of certiorari to the Supreme Court.

(b) Content of Suggestion of Hearing or Rehearing In Banc. A suggestion that an appeal be initially heard in banc shall contain the fol

'So in original. Probably should be “of”.

lowing statement of counsel at the beginning of the suggestion:

I express a belief, based on a reasoned and studied professional judgment, that this appeal involves one or more precedent-setting questions of exceptional importance: (set forth each question in one sentence).

A suggestion that an appeal be reheard in banc shall contain one or both of the following statements of counsel, as applicable, at the beginning of the suggestion:

I express a belief, based on a reasoned and studied professional judgment, that the panel decision is contrary to the following decision(s) of the Supreme Court of the United States or the precedents of this circuit: (cite specifically the case or cases).

I express a belief, based on a reasoned and studied professional judgment, that this appeal involves one or more precedent-setting questions of exceptional importance: (set forth each question in one sentence). /s/

ATTORNEY OF RECORD FOR

(c) Suggestion for Hearing In Banc; Format; Number of Copies. A suggestion for hearing in banc shall comply with FRAP 32(b), except that it shall be 8 by 11 inches with type matter 62 by 91⁄2 inches. Fifteen copies of a suggestion for hearing in banc shall be filed with the court and one copy shall be served upon each party.

(d) Petitions for Rehearing and Suggestions for Rehearing In Banc; Format; Number of Copies. Petitions for rehearing by the panel and suggestions for rehearing in banc shall be in the format for briefs set forth in FRAP 32 as supplemented by Rule 13(c) of these rules. The cover of the petition shall be yellow and the cover of the answer, if one is required by the court, shall be brown. Twelve copies of a petition shall be filed, except that fifteen copies of a petition shall be filed if the petitioner suggests rehearing in banc. A copy of the opinion in the appeal sought to be reheard shall be included with the petition or suggestion as an appendix thereto.

Rule 20. Attorney Fees and Expenses

(a) Attorney Fees and Expenses Incurred in this Court.

(1) Time for Filing; Responses. The court may award attorney fees and expenses where authorized by law. Applications must be filed not later than 10 days after the mandate has issued, unless a different time is provided by statute. No response shall be filed to an application unless directed by the court, but no application will be granted without an opportunity to submit a response.

(2) Content of Application. Each application for attorney fees and expenses as provided in (a)(1) shall contain a citation to the authority which authorizes an award, and shall indicate the manner in which the prerequisites for an award have been fulfilled. In addition, each application shall contain a statement, under oath, which specifies:

(i) the nature of each service rendered; (ii) the amount of time expended in rendering each type of service; and

(iii) the customary charge for each type of service rendered.

(b) Appeals and Petitions for Leave to Appeal. (1) Appeals. An appeal of the grant or denial of attorney fees by a lower court or by an agency not subject to the Equal Access to Justice Act is an appeal subject to all of the rules governing appeals.

(2) Petitions for Leave to Appeal. A petition for leave to appeal a denial of attorney fees by an agency under the Equal Access to Justice Act shall be subject to rule 10(b) of these rules.

REFERENCES IN TEXT

The Equal Access to Justice Act, referred to in subd. (b), is Pub. L. 96-481, title II, Oct. 21, 1980, 94 Stat. 2325, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

Rule 21. Title of Petition for Mandamus or Prohibition

A petition for writ of mandamus or writ of prohibition shall not bear the name of the respondent, but shall be entitled simply "In Re: [Name of Petitioner] Petitioner." Unless otherwise ordered by the Court, the respondent need not file a formal response. Five copies of the petition are required to be filed.

V. MISCELLANEOUS

Rule 22. Judicial Conference

There shall be held annually at such time and place as shall be designated by the Chief Judge, a Conference for the purpose of considering the state of business of the court and advising ways and means of improving the administration of justice. It shall be the duty of each active judge to attend the Conference and, unless excused by the Chief Judge, to remain throughout the Conference. The Chief Judge presides at the Conference. All members of the bar of the court may be members of the Conference and participate in its discussions and deliberations. Attendees shall pay a registration fee to be applied to the payment of expenses of the Conference as approved by the Chief Judge.

Rule 23. Failure to Prosecute

The clerk may dismiss an appeal for failure to prosecute in accordance with the rules. Reconsideration of such dismissal may be sought from the court by motion within 10 days after receipt of notice of dismissal.

Rule 24. Mandate

An order dismissing a case on consent or for failure to prosecute or dismissing, remanding or transferring a case on motion shall constitute the mandate. The date of the certified order shall be the date of the mandate.

Rule 25. Library

The library in the National Courts Building serves this court and the United States Claims Court. The library's patrons are limited to the judges of the courts and their staffs or designees, members of the bars of either court, pro se litigants with pending cases in either court, attorneys employed by the United States, and employees of the Administrative Office of the United States Courts and the Federal Judicial Center. The Librarian may suspend a patron for cause and may, when conditions warrant, close the library to all except judges and their staffs. Judges and their staffs only may check out books. Library books may not be removed from the premises of the National Courts Building without the express permission of the Librarian.

34.

Proceedings on Appeal From Magistrate to

District Judge Under Rule 73(d).

(a) Applicability.

(b) Record on Appeal.

(1) Composition.

(2) Transcript.

(3) Statement in Lieu of Transcript.

(c) Time for Filing Briefs.

(d) Length and Form of Briefs.

(e) Oral Argument.

Judgment of the District Judge on the Appeal Under Rule 73(d) and Costs.

(a) Entry of Judgment.

(b) Stay of Judgments.

(c) Costs.

APPENDIX OF FORMS

Notice of Right To Consent to the Exercise of Civil Jurisdiction by a Magistrate and Appeal Option.

Consent To Proceed Before a United States Magistrate, Election of Appeal to District Judge, and Order of Reference.

RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS

II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

Rule 4. Process

[See main edition for text of (a)]

(b) SAME: FORM. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of the defendant's failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint. When, under Rule 4(e), service is made pursuant to a statute or rule of court of a state, the summons, or notice, or order in lieu of summons shall correspond as nearly as may be to that required by the statute or rule.

[See main edition for text of (c)]

(d) SUMMONS AND COMPLAINT: PERSON TO BE SERVED. The summons and complaint shall be

served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:

(1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.

[See main edition for text of (2) to (6)]

(e) SUMMONS: SERVICE UPON PARTY NOT INHABITANT OF OR FOUND WITHIN STATE. Whenever a statute of the United States or an order of court thereunder provides for service of a summons, or of a notice, or of an order in lieu of summons upon a party not an inhabitant of or found within the state in which the district court is held, service may be made under the circumstances and in the manner prescribed by the statute or order, or, if there is no provision therein prescribing the manner of service, in a manner stated in this rule. Whenever a statute or rule of court of the state in which the district court is held provides (1) for service of a summons, or of a notice, or of an order in lieu of summons upon a party not an inhabitant of or found within the state, or (2) for service upon or notice to such a party to appear and respond or defend in an action by reason of the attachment or garnishment or similar seizure of the party's property located within the state, service may in either case be made under the circumstances and in the manner prescribed in the statute or rule.

[See main edition for text of (f) to (h)]

(i) ALTERNATIVE PROVISIONS FOR SERVICE IN A FOREIGN COUNTRY.

(1) Manner. When the federal or state law referred to in subdivision (e) of this rule authorizes service upon a party not an inhabitant of or found within the state in which the district court is held, and service is to be effected upon the party in a foreign country, it is also sufficient if service of the summons and complaint is made: (A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) as directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; or (C) upon an individual, by delivery to the individual personally, and upon a corporation or partnership or association, by delivery to an officer, a managing or general agent; or (D) by any form of mail, requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (E) as directed by order of the court. Service under (C) or (E) above may be made by any person who is not a party and is not less than 18 years of age or who is designated by order of the district court or by the

foreign court. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service.

[See main edition for text of (2); (j)] (As amended Mar. 2, 1987, eff. Aug. 1, 1987.) NOTES OF ADVISORY COMMITTEE ON RULES-1987 AMENDMENT

The amendments are technical. No substantive change is intended.

CROSS REFERENCES

Actions on war risk insurance claims, see section 1292 of Title 46, Appendix, Shipping.

Rule 5. Service and Filing of Pleadings and Other Papers

[See main edition for text of (a)]

(b) SAME: How MADE. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the attorney's or party's last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

[See main edition for text of (c) and (d)]

(e) FILING WITH THE COURT DEFINED. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk.

(As amended Mar. 2, 1987, eff. Aug. 1, 1987.)

NOTES OF ADVISORY COMMITTEE ON RULES-1987 AMENDMENT

The amendments are technical. No substantive change is intended.

Rule 6. Time

(a) COMPUTATION. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so comput