opens the argument on his side shall announce the apportionment. The time apportioned to each party shall not be exceeded unless the court permits, in whi 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 t] 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 Jud{ acting under Rule 19 of this Appendix or on suggestion of a party, concludes that case is of such character as not to justify oral argument, the case may be placed o a summary calendar of a division.

(b) A separate summary calendar will be maintained for those cases to t considered without oral argument. Cases will be placed on the summary calenda by the clerk, pursuant to directions from the court.

(c) A separate summary calendar will be maintained for cases to be heard wit restricted oral argument.

(d) Notice in writing shall be given to the parties or their counsel, of the transfe 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

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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.

(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 y be placed 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.

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(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:

(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

"D.C." will be the prefix identifying cases originating in the District of Columbi Circuit.

Rule 30 Docket.

(a) A docket of all cases pending before the court will be maintained by the cler 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 i 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, z containing a notation of precedents, or accompanied by a brief memorandum.

APPENDIX B-DELEGATIONS OF AUTHORITY