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Title 2: Appeals

2-1.000 - Appeals In General

2-1.000 - Appeals in General

Procedures to be followed in civil and criminal appeals to United States courts of appeals from United States district courts are set forth in 28 U.S.C.A, Rules, Federal Rules of Appellate Procedure, and in the local appellate rules promulgated by each circuit from time to time pursuant to Rule 47, F.R.A.P. The local rules of the various circuits are set forth at 28 U.S.C.A. Rules, United States Courts of Appeals Rules.

Procedures governing review by the United States Supreme Court from all courts are published in 28 U.S.C.A Appellate, Rules of the Supreme Court of the United States. Subject to the general supervision and direction of the Attorney General, the Solicitor General has responsibility, in consultation with each agency or official concerned, for the following: (a) conducting, or assigning and supervising, all Supreme Court cases, including appeals, petitions for and briefs in opposition to certiorari, briefs and arguments; (b) determining whether, and to what extent, appeals will be taken by the government to all appellate courts (including petitions for rehearing en banc and petitions to such courts for the issuance of extraordinary writs); and (c) determining whether a brief amicus curiae will be filed by the government, or whether the government will intervene, in any appellate court. 28 C.F.R. 0.20. In addition, the Solicitor General must approve any settlement of a case in the Supreme Court. 28 C.F.R. 0.163. If the Solicitor General has authorized an appeal to any other court, a division may settle a case only if the Solicitor General advises "that the principles of law involved do not require appellate review in that case." Id. If a United States Attorney wishes to settle a case in which the Solicitor General has authorized an appeal, the United States Attorney should consult with the appropriate division as to how to secure the necessary approvals.