Rule 45 — Clerk’s Duties

Fed. R. App. P. 45

• Source: Federal Rules of Appellate Procedure
• Rule: 45
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 45

Text

(a) General Provisions.
(1) Qualifications. The circuit clerk must take the oath and
post any bond required by law. Neither the clerk nor any dep-
uty clerk may practice as an attorney or counselor in any
court while in office.
(2) When Court Is Open. The court of appeals is always open
for filing any paper, issuing and returning process, making a
motion, and entering an order. The clerk’s office with the
clerk or a deputy in attendance must be open during business
hours on all days except Saturdays, Sundays, and legal holi-
days. A court may provide by local rule or by order that the
clerk’s office be open for specified hours on Saturdays or on
legal holidays other than New Year’s Day, Martin Luther King
Jr.’s Birthday, Washington’s Birthday, Memorial Day,
Juneteenth National Independence Day, Independence Day,
Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day,
and Christmas Day.
(b) Records.
(1) The Docket. The circuit clerk must maintain a docket
and an index of all docketed cases in the manner prescribed by
the Director of the Administrative Office of the United States
Courts. The clerk must record all papers filed with the clerk
and all process, orders, and judgments.
(2) Calendar. Under the court’s direction, the clerk must pre-
pare a calendar of cases awaiting argument. In placing cases
on the calendar for argument, the clerk must give preference
to appeals in criminal cases and to other proceedings and ap-
peals entitled to preference by law.
(3) Other Records. The clerk must keep other books and
records required by the Director of the Administrative Office
of the United States Courts, with the approval of the Judicial
Conference of the United States, or by the court.
(c) Notice of an Order or Judgment. Upon the entry of an order
or judgment, the circuit clerk must immediately serve a notice of
entry on each party, with a copy of any opinion, and must note
the date of service on the docket. Service on a party represented
by counsel must be made on counsel.
(d) Custody of Records and Papers. The circuit clerk has cus-
tody of the court’s records and papers. Unless the court orders or
instructs otherwise, the clerk must not permit an original record
or paper to be taken from the clerk’s office. Upon disposition of
the case, original papers constituting the record on appeal or re-
view must be returned to the court or agency from which they
were received. The clerk must preserve a copy of any brief, appen-
dix, or other paper that has been filed.
(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July
1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002;
Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 24, 2023, eff. Dec. 1, 2023.)
Attorneys
(a) Admission to the Bar.
(1) Eligibility. An attorney is eligible for admission to the
bar of a court of appeals if that attorney is of good moral and
professional character and is admitted to practice before the
Supreme Court of the United States, the highest court of a
state, another United States court of appeals, or a United
States district court (including the district courts for Guam,
the Northern Mariana Islands, and the Virgin Islands).
(2) Application. An applicant must file an application for ad-
mission, on a form approved by the court that contains the ap-
plicant’s personal statement showing eligibility for member-
ship. The applicant must subscribe to the following oath or af-
firmation:
‘‘I, llllllllllll, do solemnly swear [or affirm]
that I will conduct myself as an attorney and counselor of
this court, uprightly and according to law; and that I will
support the Constitution of the United States.’’
(3) Admission Procedures. On written or oral motion of a
member of the court’s bar, the court will act on the applica-
tion. An applicant may be admitted by oral motion in open
court. But, unless the court orders otherwise, an applicant
need not appear before the court to be admitted. Upon admis-
sion, an applicant must pay the clerk the fee prescribed by
local rule or court order.
(b) Suspension or Disbarment.
(1) Standard. A member of the court’s bar is subject to sus-
pension or disbarment by the court if the member:
(A) has been suspended or disbarred from practice in any
other court; or
(B) is guilty of conduct unbecoming a member of the
court’s bar.
(2) Procedure. The member must be given an opportunity to
show good cause, within the time prescribed by the court, why
the member should not be suspended or disbarred.
(3) Order. The court must enter an appropriate order after
the member responds and a hearing is held, if requested, or
after the time prescribed for a response expires, if no response
is made.
(c) Discipline. A court of appeals may discipline an attorney who
practices before it for conduct unbecoming a member of the bar or
for failure to comply with any court rule. First, however, the
court must afford the attorney reasonable notice, an opportunity
to show cause to the contrary, and, if requested, a hearing.

Advisory Committee Notes

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998.)