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Practitioner's Handbook for Appeals

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Practitioner's Handbook for Appeals PRACTITIONER’S HANDBOOK FOR APPEALS TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT 2020 EDITION TABLE OF CONTENTS Preface .......................................................................................................................... i Introductory Note ....................................................................................................... ii Court Response to COVID-19 Pandemic .................................................................. iii I. Mandatory Electronic Case Filing; Electronic Access to Case Information, Rules, Procedures & Opinions ............................................... 1 A. Mandatory Electronic Case Filing ................................................... 1 B. Proof of Service Not Needed ............................................................. 1 C. Electronic Access to Seventh Circuit Case Information, Rules, Procedures & Opinions .......................................................... 2 II. At a Glance: Procedural Steps and Time Limits on Appeals from District Courts ............................................................................................. 4 A. Appellate Fees ................................................................................... 4 B. Time Limits for Filing Appeal .......................................................... 4 C. Docketing Statement ........................................................................ 5 D. Bond for Costs on Appeal .................................................................. 5 1. Civil cases ............................................................................... 5 2. Interlocutory and certain bankruptcy appeals ..................... 6 E. Supersedeas Bond ............................................................................. 6 F. Transcript of Proceedings ................................................................. 6 1. Criminal Cases ....................................................................... 6 2. Civil Cases .............................................................................. 6 G. Docketing the Appeal ........................................................................ 6 H. Record Preparation ........................................................................... 7 I. Case Management Conferences ....................................................... 7 J. Circuit Mediation Program ............................................................... 7 K. Counsel of Record .............................................................................. 7 L. Disclosure Statements ...................................................................... 7 M. Briefing Schedule .............................................................................. 8 N. Statement Concerning Oral Argument ............................................ 8 O. Oral Argument .................................................................................. 8 P. Petition for Rehearing ...................................................................... 8 Q. Mandate ............................................................................................. 8 R. Petition for Writ of Certiorari........................................................... 9 III. Organization of the Court ......................................................................... 10 IV. Panel Composition and Case Assignment ................................................ 12 V. Admission to Practice Before the Court.................................................... 14 VI. Appellate Jurisdiction ............................................................................... 15 A. In General ....................................................................................... 15 1. Responsibility of the Court of Appeals to Examine Jurisdiction ........................................................................... 15 2. Duty of Counsel to Ensure Existence of Jurisdiction ......... 16 3. Parties Cannot Consent to Jurisdiction .............................. 17 4. Parties Cannot Manufacture Final Judgment .................... 17 5. Judges Must Give Reasons .................................................. 18 6. District Court Decisions ....................................................... 18 7. Magistrate Judge Decisions ................................................. 19 8. Tax Court; Administrative Agency Decisions ..................... 20 9. Federal Circuit; Supreme Court; State Court Decisions ............................................................................... 20 10. Rooker-Feldman Doctrine .................................................... 21 11. Necessity of Counsel ............................................................. 21 B. Screening Procedure in the Seventh Circuit ................................. 22 1. Appellate Jurisdiction .......................................................... 22 2. District Court Jurisdiction ................................................... 23 C. Mootness; Standing to Appeal ........................................................ 24 1. Mootness ............................................................................... 25 2. Standing to Appeal ............................................................... 26 D. Appealability in Criminal Cases .................................................... 30 1. Finality ................................................................................. 30 2. Interlocutory Orders ............................................................ 31 3. Fugitive Disentitlement Doctrine ........................................ 33 E. Appealability in Civil Cases ........................................................... 33 1. Final Judgment .................................................................... 33 2. Post-Judgment Orders ......................................................... 45 3. Costs, Attorney Fees and Sanctions .................................... 45 4. Bankruptcy Appeals ............................................................. 47 5. Administrative Agencies ...................................................... 50 6. Interlocutory Appeals ........................................................... 51 7. Petitions to Obtain Discovery for Use in a Foreign Proceeding ............................................................................ 63 8. Collateral Order Doctrine .................................................... 63 9. Practical Finality Doctrine .................................................. 65 10. Concept of “Pragmatic Finality” .......................................... 66 11. Pendent Appellate Jurisdiction ........................................... 66 12. Contempt Orders .................................................................. 68 F. Appeal’s Effect on District Court’s Jurisdiction ............................ 69 G. Revision of Judgment During Pendency of Appeal ....................... 70 H. The Time for Filing an Appeal ....................................................... 72 1. Criminal Cases ..................................................................... 72 2. Civil Cases — Appeals from the District Court .................. 76 3. Prisoner Mailbox Rule .......................................................... 87 4. Appeals from Tax Court Decisions ...................................... 88 5. Appeals from Administrative Agencies ............................... 89 I. The Notice of Appeal ....................................................................... 89 1. Identify Who Wants to Appeal ............................................. 90 2. Designate the Judgment or Order Appealed ...................... 91 3. Name the Court to Which the Appeal is Taken .................. 91 4. Signature Requirement ........................................................ 92 5. Amendments to the Notice of Appeal .................................. 92 6. Functional Equivalents ........................................................ 93 J. Mandamus ....................................................................................... 94 VII. Subject Matter Jurisdiction....................................................................... 96 VIII. Scope of Review .......................................................................................... 99 IX. Motions and Docket Control .................................................................... 100 A. Emergency Motions....................................................................... 101 B. Summary Disposition of Case ...................................................... 102 C. Judicial Notice ............................................................................... 102 X. Temporary Relief Pending Appeal .......................................................... 103 A. Civil Cases: Application for Stay Pending Appeal....................... 103 B. Civil Cases: Motion for Injunction Pending Appeal .................... 104 C. Criminal Cases: Motions Concerning Custody Pending Trial or Appeal .............................................................................. 105 1. Before sentencing ............................................................... 105 2. After sentencing ................................................................. 105 D. Administrative Agency Cases ....................................................... 105 XI. Expedited Appeals ................................................................................... 106 XII. Appeals Involving
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