Rule 15 — Review or Enforcement of an Agency Order—How Ob- tained; Intervention

Fed. R. App. P. 15

• Source: Federal Rules of Appellate Procedure
• Rule: 15
• TITLE IV: REVIEW OR ENFORCEMENT OF AN ORDER OF AN
• Citation: Fed. R. App. P. 15

Text

(a) Petition for Review; Joint Petition.
(1) Review of an agency order is commenced by filing, within
the time prescribed by law, a petition for review with the
clerk of a court of appeals authorized to review the agency
order. If their interests make joinder practicable, two or more
persons may join in a petition to the same court to review the
same order.
(2) The petition must:
(A) name each party seeking review either in the caption
or the body of the petition—using such terms as ‘‘et al.,’’
‘‘petitioners,’’ or ‘‘respondents’’ does not effectively name
the parties;
(B) name the agency as a respondent (even though not
named in the petition, the United States is a respondent if
required by statute); and
(C) specify the order or part thereof to be reviewed.
(3) Form 3 in the Appendix of Forms is a suggested form of
a petition for review.
(4) In this rule ‘‘agency’’ includes an agency, board, commis-
sion, or officer; ‘‘petition for review’’ includes a petition to en-
join, suspend, modify, or otherwise review, or a notice of ap-
peal, whichever form is indicated by the applicable statute.
(b) Application or Cross-Application to Enforce an Order; An-
swer; Default.
(1) An application to enforce an agency order must be filed
with the clerk of a court of appeals authorized to enforce the
order. If a petition is filed to review an agency order that the
court may enforce, a party opposing the petition may file a
cross-application for enforcement.
(2) Within 21 days after the application for enforcement is
filed, the respondent must serve on the applicant an answer to
the application and file it with the clerk. If the respondent
fails to answer in time, the court will enter judgment for the
relief requested.
(3) The application must contain a concise statement of the
proceedings in which the order was entered, the facts upon
which venue is based, and the relief requested.
(c) Service of the Petition or Application. The circuit clerk must
serve a copy of the petition for review, or an application or cross-
application to enforce an agency order, on each respondent as pre-
scribed by Rule 3(d), unless a different manner of service is pre-
scribed by statute. At the time of filing, the petitioner must:
(1) serve, or have served, a copy on each party admitted to
participate in the agency proceedings, except for the respond-
ents;
(2) file with the clerk a list of those so served; and

(3) give the clerk enough copies of the petition or applica-
tion to serve each respondent.
(d) Intervention. Unless a statute provides another method, a
person who wants to intervene in a proceeding under this rule
must file a motion for leave to intervene with the circuit clerk
and serve a copy on all parties. The motion—or other notice of
intervention authorized by statute—must be filed within 30 days
after the petition for review is filed and must contain a concise
statement of the interest of the moving party and the grounds for
intervention.
(e) Payment of Fees. When filing any separate or joint petition
for review in a court of appeals, the petitioner must pay the cir-
cuit clerk all required fees.

Advisory Committee Notes

(As amended Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.)