Court of appeals · Motions
Motion in the Court of Appeals
Requests an order or other relief from the court of appeals.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Motion stating with particularity the grounds, relief sought and legal argument (FRAP 27(a)(2)(A))
- Supporting affidavits and a copy of the lower-court ruling where relevant (FRAP 27(a)(2)(B))
- Disclosure statement if required (FRAP 26.1)
- No separate brief (FRAP 27(a)(2)(C)(i))
- Certificate of compliance with the type-volume limit (FRAP 32(g)(1))
- Proof of service (FRAP 25(d))
Deadline and length
Deadline: Response within 10 days after service of the motion; reply within 7 days after service of the response (FRAP 27(a)(3)–(4)).
Length: 5,200 words or 20 pages for a motion or response; 2,600 words or 10 pages for a reply (FRAP 27(d)(2)).
Governing rules
- FRAP 27
Check the local rules for
- Whether the opponent’s position must be stated
- Emergency-motion procedures
Applies in federal courts of appeals. Find your court for its local requirements.
Other motions
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.