2-5.110
Appellate Supervision
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Every United States Attorney must designate an AUSA to serve
as the appellate chief supervising all criminal appellate
matters, and the same or a different AUSA to serve as the
appellate chief supervising all civil appellate matters. An
appellate chief must have the responsibility, authority, and time
to supervise and coordinate appellate brief-writing, appellate
argument, and other appellate matters; review and report adverse
decisions; review and forward government appeal recommendations;
and serve as the point of contact with the Main Justice appellate
sections and the Solicitor General's Office on appellate-related
matters for his or her area of responsibility.
[new October 2010]
2-5.111
Preparation of Appellate Briefs
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For appeals handled by the USAOs, every appellate brief must
be assigned to an AUSA or Special AUSA who is responsible for
preparing a brief that best presents the government's position in
the case. In every case, the AUSA or Special AUSA assigned to
handle the appeal shall review opposing counsel's brief, the
record, and all pertinent legal authority. It is strongly
recommended that every appellate brief be drafted in its entirety
by the assigned AUSA or Special AUSA unless a government attorney
from one of the Department's litigating components takes a role
in drafting the brief. If the United States Attorney permits the
use of qualified paralegal specialists or law students to draft
some appellate briefs, each brief or portion of a brief drafted
by a paralegal specialist or law student must be subjected to
rigorous review by the attorney who is responsible for preparing
the brief, as well as by the responsible appellate chief, an
appellate AUSA, or another AUSA with significant appellate
experience (the "brief reviewer").
[new October 2010]
2-5.112
Review of Appellate Briefs
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Before an appellate brief is filed in the court of appeals,
the brief must be reviewed and edited by the appellate chief, an
appellate AUSA, or another AUSA with significant appellate
experience.
[new October 2010]
2-5.113
Preparation for Oral Argument
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Every oral argument must be preceded by a discussion of the
issues between the AUSA or Special AUSA arguing the case and, at
a minimum, the responsible appellate chief or the brief reviewer.
Adding one or more attorneys to the discussion, and requiring the
arguing attorney to answer questions as he or she would in the
appellate court, is encouraged in all cases, and is required in
the limited number of oral arguments involving: (a) an en banc
court; (b) an affirmative government appeal; (c) an issue of
unusual significance to the office or Department; (d) a claim of
serious prosecutorial misconduct; or (e) the first appellate
argument of an AUSA or Special AUSA.
[new October 2010]
2-5.114
Appellate Training
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AUSAs and Special AUSAs handling appeals should have
sufficient training to ensure the proper handling of appellate
work.
[new October 2010]
2-5.115
Appellate Standards
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Commentary to these standards for the handling of
appellate matters within the USAO are set forth in
Appeals Resource Manual 2.
[new October 2010]
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