2-1.000
APPEALS IN GENERAL
2-1.000 Appeals in General
Procedures to be followed in civil and criminal appeals to
United States courts of appeals from United States district
courts are set forth in 28 U.S.C.A, Rules, Federal Rules of
Appellate Procedure, and in the local appellate rules promulgated
by each circuit from time to time pursuant to Rule 47, F.R.A.P.
The local rules of the various circuits are set forth at 28
U.S.C.A. Rules, United States Courts of Appeals Rules.
Procedures governing review by the United States Supreme
Court from all courts are published in 28 U.S.C.A Appellate,
Rules of the Supreme Court of the United States. Subject to the
general supervision and direction of the Attorney General, the
Solicitor General has responsibility, in consultation with each
agency or official concerned, for the following: (a) conducting,
or assigning and supervising, all Supreme Court cases, including
appeals, petitions for and briefs in opposition to certiorari,
briefs and arguments; (b) determining whether, and to what
extent, appeals will be taken by the government to all appellate
courts (including petitions for rehearing en banc and petitions
to such courts for the issuance of extraordinary writs); and (c)
determining whether a brief amicus curiae will be filed by the
government, or whether the government will intervene, in any
appellate court. 28 C.F.R. 0.20. In addition, the Solicitor
General must approve any settlement of a case in the Supreme
Court. 28 C.F.R. 0.163. If the Solicitor General has authorized
an appeal to any other court, a division may settle a case only
if the Solicitor General advises "that the principles of law
involved do not require appellate review in that case."
Id. If a United States Attorney wishes to settle a case
in which the Solicitor General has authorized an appeal, the
United States Attorney should consult with the appropriate
division as to how to secure the necessary approvals.
| September 1997
| USAM Chapter 2-1
|