Rule 2 — Suspension of Rules

Fed. R. App. P. 2

• Source: Federal Rules of Appellate Procedure
• Rule: 2
• TITLE I: APPLICABILITY OF RULES
• Citation: Fed. R. App. P. 2

Text

(a) In a Particular Case. On its own or a party’s motion, a court
of appeals may—to expedite its decision or for other good cause—
suspend any provision of these rules in a particular case and order
proceedings as it directs, except as otherwise provided in Rule
26(b).
(b) In an Appellate Rules Emergency.
(1) Conditions for an Emergency. The Judicial Conference of
the United States may declare an Appellate Rules emergency
if it determines that extraordinary circumstances relating to
public health or safety, or affecting physical or electronic ac-
cess to a court, substantially impair the court’s ability to per-
form its functions in compliance with these rules.
(2) Content. The declaration must:
(A) designate the circuit or circuits affected; and
(B) be limited to a stated period of no more than 90 days.
(3) Early Termination. The Judicial Conference may termi-
nate a declaration for one or more circuits before the termi-
nation date.
(4) Additional Declarations. The Judicial Conference may
issue additional declarations under this rule.
(5) Proceedings in a Rules Emergency. When a rules emer-
gency is declared, the court may:
(A) suspend in all or part of that circuit any provision of
these rules, other than time limits imposed by statute and
described in Rule 26(b)(1)–(2); and
1So in original.

(B) order proceedings as it directs.

Advisory Committee Notes

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 24, 2023, eff. Dec. 1, 2023.)