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 the Federal Rules of Appellate Procedure and in the local rules promulgated by each circuit pursuant to Federal Rule of Appellate Procedure 47. The rules are available on each circuit’s website, which may be accessed through the website of the Administrative Office of the U.S. Courts:  http://www.uscourts.gov/about-federal-courts/federal-courts-public/court-website-links.

Procedures governing review by the United States Supreme Court from all courts are set forth in the Rules of the Supreme Court of the United States, which are available on the Supreme Court’s website:  https://www.supremecourt.gov/filingandrules/rules_guidance.aspx.

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 direct appeals, petitions for and briefs in opposition to certiorari, party briefs, amicus 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 in any federal or state appellate court, whether the government will intervene in any appellate court, and whether the government will intervene in cases involving the constitutionality of acts of Congress in any appellate court or federal district court. 28 C.F.R. 0.20, 28 C.F.R. 0.21.

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 believes that a case should be settled, but a notice of appeal has been filed by the government or the Solicitor General has authorized an appeal, the United States Attorney should consult with the appropriate division for a possible settlement to be considered and approved or rejected by that division or a higher level Department official.

[updated July 2018]