Rule 5 — Appeal by Permission

Fed. R. App. P. 5

• Source: Federal Rules of Appellate Procedure
• Rule: 5
• TITLE II: APPEAL FROM A JUDGMENT OR ORDER OF A
• Citation: Fed. R. App. P. 5

Text

(a) Petition for Permission to Appeal.
(1) To request permission to appeal when an appeal is within
the court of appeals’ discretion, a party must file a petition
with the circuit clerk and serve it on all other parties to the
district-court action.
(2) The petition must be filed within the time specified by
the statute or rule authorizing the appeal or, if no such time
is specified, within the time provided by Rule 4(a) for filing a
notice of appeal.

(3) If a party cannot petition for appeal unless the district
court first enters an order granting permission to do so or
stating that the necessary conditions are met, the district
court may amend its order, either on its own or in response to
a party’s motion, to include the required permission or state-
ment. In that event, the time to petition runs from entry of
the amended order.
(b) Contents of the Petition; Answer or Cross-Petition; Oral Argu-
ment.
(1) The petition must include the following:
(A) the facts necessary to understand the question pre-
sented;
(B) the question itself;
(C) the relief sought;
(D) the reasons why the appeal should be allowed and is
authorized by a statute or rule; and
(E) an attached copy of:
(i) the order, decree, or judgment complained of and
any related opinion or memorandum, and
(ii) any order stating the district court’s permission
to appeal or finding that the necessary conditions are
met.
(2) A party may file an answer in opposition or a cross-peti-
tion within 10 days after the petition is served.
(3) The petition and answer will be submitted without oral
argument unless the court of appeals orders otherwise.
(c) Form of Papers; Number of Copies; Length Limits. All papers
must conform to Rule 32(c)(2). An original and 3 copies must be
filed unless the court requires a different number by local rule or
by order in a particular case. Except by the court’s permission,
and excluding the accompanying documents required by Rule
5(b)(1)(E):
(1) a paper produced using a computer must not exceed 5,200
words; and
(2) a handwritten or typewritten paper must not exceed 20
pages.
(d) Grant of Permission; Fees; Cost Bond; Filing the Record.
(1) Within 14 days after the entry of the order granting per-
mission to appeal, the appellant must:
(A) pay the district clerk all required fees; and
(B) file a cost bond if required under Rule 7.
(2) A notice of appeal need not be filed. The date when the
order granting permission to appeal is entered serves as the
date of the notice of appeal for calculating time under these
rules.
(3) The district clerk must notify the circuit clerk once the
petitioner has paid the fees. Upon receiving this notice, the
circuit clerk must enter the appeal on the docket. The record
must be forwarded and filed in accordance with Rules 11 and
12(c).

Advisory Committee Notes

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 25, 2019, eff. Dec. 1, 2019.)