DC Circuit Civil Appeals Toolkit | Practical Law

DC Circuit Civil Appeals Toolkit | Practical Law

Resources to assist attorneys litigating an appeal to the US Court of Appeals for the District of Columbia Circuit. These resources provide guidance on starting the appeal, preparing the briefs and appendix, making motions, presenting oral argument, and petitioning for rehearing.

DC Circuit Civil Appeals Toolkit

Practical Law Toolkit w-042-6236 (Approx. 5 pages)

DC Circuit Civil Appeals Toolkit

by Practical Law Litigation
MaintainedUSA (National/Federal)
Resources to assist attorneys litigating an appeal to the US Court of Appeals for the District of Columbia Circuit. These resources provide guidance on starting the appeal, preparing the briefs and appendix, making motions, presenting oral argument, and petitioning for rehearing.
When litigating a civil action in federal district court, a party generally has the right to appeal to a federal court of appeals (also known as a circuit court) from a final order or judgment that awards relief against it or denies some of the relief it sought (28 U.S.C. §§ 1291 and 1295; Forney v. Apfel, 524 U.S. 266, 271 (1998)). An aggrieved party normally also has the right to appeal from certain types of interlocutory orders, such as orders granting or denying injunctions (28 U.S.C. § 1292(a)). If an order or judgment is not appealable as of right, an aggrieved party may often petition for permission to appeal (FRAP 5(a); FRCP 23(f); 28 U.S.C. §§ 1292(b) and 1453(c)(1)).
The US Court of Appeals for the District of Columbia Circuit hears appeals from the US District Court for the District of Columbia (28 U.S.C. §§ 88 and 1294). It also hears certain appeals from final orders issued by federal administrative agencies, as authorized by a variety of statutes governing judicial review of agency decisions (see Practice Note, DC Circuit Civil Appeals: Starting an Appeal: Special Considerations for Administrative Agency Appeals).
This Toolkit contains resources explaining the process for litigating appeals in the DC Circuit, including:
  • How to start an appeal.
  • How to use the DC Circuit's electronic filing system, Case Management/Electronic Case Filing (CM/ECF).
  • What preliminary steps the court requires before a party can address the merits of the appeal.
  • How to prepare the appellate briefs and the appendix (which contains the relevant portions of the factual record from the district court or agency below).
  • How to make motions, if necessary.
  • How to present oral argument.
  • What steps a party may take after the court decides the appeal, such as petitioning for rehearing en banc.