Court of appeals · Petitions
Petition for Permission to Appeal (FRAP 5)
Seeks permission for a discretionary appeal, e.g. under 28 U.S.C. § 1292(b) or FRCP 23(f).
Filed by: Party seeking an interlocutory appeal
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
- Facts needed to understand the question, the question itself, relief sought, reasons the appeal should be allowed, and the authorizing statute or rule (FRAP 5(b)(1))
- Copy of the order and any opinion and order permitting appeal (FRAP 5(b)(1)(E))
- Proof of service (FRAP 25(d))
Deadline and length
Deadline: Within the time the authorizing statute or rule sets (e.g. 10 days after the § 1292(b) order; 14 days under FRCP 23(f)).
Length: 5,200 words or 20 pages (FRAP 5(c)).
Governing rules
- FRAP 5
- 28 U.S.C. § 1292(b)
- FRCP 23(f)
Check the local rules for
Applies in federal courts of appeals. Find your court for its local requirements.
Other petitions
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