CIRCUIT RULE 32-3 BRIEFS FILED PURSUANT TO COURT ORDER All briefs filed pursuant to court order must conform to the format requirements of Fed. R. App. P. 32. If an order of the court sets forth a page limit, the affected party may comply with the limit by (1) filing a monospaced brief of the designated number of pages, or (2) filing a monospaced brief for which the number of lines divided by 26 does not exceed the designated page limit, or (3) filing a monospaced or proportionally spaced brief in which the word count, divided by 280, does not exceed the designed page limit. CIRCUIT RULE 32-4 BRIEFS AND EXCERPTS OF RECORD IN CAPITAL CASES Briefs. The requirements of Fed. R. App. P. 32 shall apply to appeals from district court judgments which finally dispose of a capital case, except that the following page or type-volume limitations apply: (1) A proportionally spaced principal brief must not exceed 21,000 words and a reply brief must not exceed 9,800 words. (2) Briefs prepared in monospaced typeface shall either: (a) not exceed 75 pages (1,950 lines) for a principal brief and 35 pages (910 lines) for a reply brief, or (b) conform to the word count set forth in (1) above. Excerpts. The appellant shall prepare and file excerpts of record in compliance with Circuit Rule 30-1. An appellant unable to obtain all or parts of the record shall so notify the court. In addition to the documents listed in Circuit Rule 30-1.2, excerpts of record in capital cases shall contain all final orders and rulings of all state courts in appellate and post-conviction proceedings. Excerpts of record shall also include all final orders involving the conviction or sentence issued by the Supreme Court of United States. CIRCUIT RULE 32-5 UNREPRESENTED LITIGANTS If an unrepresented litigant elects to file a form brief pursuant to Circuit Rule 28-1, neither the optional reply brief nor any petition for rehearing need comply with Fed. R. App. P. 32. Alternatively, if an unrepresented litigant elects to file a brief that complies with Fed. R. App. P. 28 and Circuit Rule 28-2 but not with Fed. R. App. P. 32, any principal brief shall not exceed 40 pages, and an optional reply brief shall not exceed 20 pages. Cross Reference: Fed. R. App. P. 32, Circuit Rule 30-1, Excerpts. CIRCUIT RULE 33-1 SETTLEMENT PROGRAM—APPEAL CONFERENCES The primary purpose of a prehearing conference shall be to explore settlement of the dispute that gave rise to the appeal. The judge or court mediator may require the attendance of parties and counsel. Information disclosed to the judge or court mediator in settlement discussions shall be kept confidential and shall not be disclosed to the judges deciding the appeal or to any other person outside the settlement program participants. (Rev. 7/94) In the context of a settlement or mediation in a civil appeal, the parties who have otherwise settled the case may stipulate to have one or more issues in the appeal submitted to an appellate commissioner for a binding determination. (New 7/2001) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 33-1 (a) Appeal Settlement Conferences. The settlement program is staffed with experienced attorney mediators and is an independent unit in the court. In any civil case in which a civil appeals docketing statement must be filed, the court may direct that a settlement conference be held, in-person or over the telephone, with counsel, or with counsel and the parties or key personnel, including insurance representatives. A judge who conducts a settlement conference pursuant to this rule will not participate in the decision on any aspect of the case, except that he or she may vote on whether to take a case en banc. If a case is selected for a settlement conference, counsel shall be notified, by order entered within 35 days of the docketing of the appeal or petition, of the date and time of the conference and whether the conference will be in-person or by telephone. The initial conference normally shall be held within 56 days of the docketing of the appeal. A case is presumed released from the Conference Program if an order scheduling a settlement conference has not been entered within 56 days of the docketing of the appeal or petition. Requests by counsel for a settlement conference will be accommodated whenever possible. Parties may request conferences confidentially, either by telephone or by letter directed to the chief circuit court mediator. The briefing schedule established by the Clerk’s office at the time the appeal is docketed remains in effect unless adjusted by a court mediator to facilitate settlement, or by the Clerk’s office pursuant to Circuit Rule 31-2.2. Counsel should discuss settlement with their principals prior to a conference scheduled under this rule and attend the conference with authority to settle. (b) Appeal Case Management Conference. In any case the court may direct either sua sponte or upon request of a party that a telephone or in-person case management conference be held before an appellate commissioner, a senior staff member in the Clerk’s office, or a staff attorney. The purpose of a case management conference is to manage the appeal effectively and develop a briefing plan for complex appeals. If a case is selected for a case management conference, counsel shall be notified by order of the date and time of the conference. Case management conferences are held only in exceptional circumstances, such as complex cases involving numerous separately represented litigants or extensive district court/agency proceedings. (Rev. 1/97) (c) Binding Determinations by Appellate Commissioner. In the context of a settlement or mediation in a civil appeal, the parties may stipulate to having one or more issues in their appeal referred for a binding determination by an Appellate Commissioner. Where the parties enter into such a stipulation, the matter may be handled with abbreviated and accelerated briefing and a guaranteed opportunity for in-person or telephonic oral argument before the Appellate Commissioner. The Appellate Commissioner will issue a determination and, if requested, a written statement of reasons. The determination will have no precedential effect and will be final and nonreviewable. Cases will ordinarily be referred to the Appellate Commissioner through the court’s mediation program. In some instances, the court’s pro se unit may also alert parties to the availability of this program. For further information, please contact the Circuit Mediation Office at (415) 556-9900. (New 7/2001) CIRCUIT RULE 34-1 PLACE OF HEARING Appeals, applications for original writs, and petitions to review or enforce orders or decisions of administrative agencies may be heard at any session of the court in the circuit, as designated by the Court. Cases are generally heard in the administrative units where they arise. Petitions to enforce or review orders or decisions of boards, commissions or other administrative bodies shall be heard in the administrative unit in which the person affected by the order or decision is a resident, unless another place of hearing is ordered by the Court. CIRCUIT RULE 34-2 CHANGE OF TIME OR PLACE OF HEARING No change of the day or place assigned for hearing will be made except by order of the Court for good cause. Only under exceptional circumstances will the Court grant a request to vacate a setting within 14 days of the date set. CIRCUIT RULE 34-3 PRIORITY CASES Any party who believes the case before the Court is entitled to priority in hearing date by virtue of any statute or rule, shall so inform the Clerk in writing no later than the filing of the first brief. Criminal appeals shall have first priority in hearing or submission date. Civil appeals in the following categories will receive hearing or submission priority: (1) Recalcitrant witness appeals brought under 28 U.S.C. § 1826; (2) Habeas corpus petitions brought under Chapter 153 of Title 28; (3) Applications for temporary or permanent injunctions; (4) Appeals alleging deprivation of medical care to the incarcerated or other cruel or unusual punishment; (5) Appeals entitled to priority on the basis of good cause under 28 U.S.C. § 1657. Any party who believes the case is entitled to priority in scheduling the date of hearing or submission solely on the basis of good cause under 28 U.S.C. § 1657 shall file a motion for expedition with the clerk at the earliest opportunity. CIRCUIT RULE 34-4 CLASSES OF CASES TO BE SUBMITTED WITHOUT ORAL ARGUMENT [Abrogated 1/1/99] (See Fed. R. App. P. 34(a)(2)) CIRCUIT ADVISORY COMMITTEE NOTE TO RULES 34-1 TO 34-3

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