CHAPTER ONE

Eighth Circuit Basics

The Eighth Circuit Defined, Clerk’s Office; Procedures of General Applicability; Decision-Makers, Panels and Related Issues; Biographical Information on Current Eighth Circuit Judges; Supporting Legal Personnel and Resources; Circuit Administration; Judicial Conference.

- Margaret C. Callahan

CHAPTER TWO

Professional Responsibility and the Appellate Advocate

Introduction; The Requirement of Competence; Scope of Representation; Diligence; Communication; Conflict of Interest; Candor in Presenting Record; Frivolous Appeals; Appellate Brief; Oral Argument; Good Manners; Conclusion.

- Peter D. Gray & Karl E. Robinson

CHAPTER THREE

Appellate Court Jurisdiction

Introduction to Court of Appeals Jurisdiction; Appealable District Court Decisions and Orders; Jurisdictional Issues and Limitations.

- Mike McCarthy

CHAPTER FOUR

Persons Who May Take or Participate in Appeals

Right to Appeal (Who May Take An Appeal?); Parties to Appeal; Multiple Party Appeals; Amicus Curiae; Forms.

- Bruce Jones & Aaron D. Van Oort

CHAPTER FIVE

Initiating Appeals from District Court Decisions

Introduction; Time for Appeal; Manner of Initiating Appeal; Additional Requirements When Prosecuting Appeals; Special Procedures for In Forma Pauperis Appeals; Checklists; Forms.

- Honorable Mary R. Vasaly

CHAPTER SIX

Responding to an Appeal and Voluntary Dismissal

Introduction; Motions to Dismiss Appeal; Cross-Appeals and Separate Appeals; Responding to Appellant’s Appeal; Forms.

- Wayne S. Moskowitz & Emma Greenman

CHAPTER SEVEN

Effect of Appeal, Stays and Supersedeas

Introduction; General Effect of Appeal (Jurisdiction); Obtaining Stay of Enforcement of District Court’s Judgment; Alternative to Stay – Expedited Appeal; Forms.

- Jonathan P. Schmidt

CHAPTER EIGHT

The Record on Appeal

Introduction to Record on Appeal; Designating the Standard Record; Agreed Statement of Record; Correcting and Modifying the Record; Transmitting the Record; Filing the Record in the Court of Appeals; Forms.

- Eric J. Magnuson & Tara Reese Duginske

CHAPTER NINE

Motions Practice and Summary Disposition of Appeal

Motions Practice, Generally; Types and Determinations of Motions; Motions for Substantive Orders; Initiating Motions; Response to Motion; Reply to Response; Argument on Motion; Ruling on Motion; Forms.

- Haley N. Shaffer & David F. Herr

CHAPTER TEN

Brief Writing and Appendices

Introduction; Types of Appeal Briefs; Requirements for Appeal Briefs; Contents of Appeal Briefs; Writing the Brief; The Appendix; Checklists.

- Kenneth Lee Marshall

CHAPTER ELEVEN

Hearing and Argument

Introduction; Requesting Oral Argument; Screening for Oral Argument; The Setting for Oral Argument; The Panel Assigned; Judges’ Preargument Preparation; Recording the Argument; Conclusion.

- David F. Herr & Haley N. Schaffer

CHAPTER TWELVE

Scope and Standards of Review

Scope of Review; Waiver of Ability to Raise Issues on Appeal; Limitations on the Scope of Appeal; Standards of Appellate Review.

- Dennis Owens

CHAPTER THIRTEEN

Disposition of Appeal

Introduction to Decision-Making by the Eighth circuit; Screening of Cases for Oral Argument or Submission on the Briefs; Behind the Scenes at Oral Argument; Preparation of Opinion; Entry of Judgment and Issuance of Mandate.

- Jesse Mondry & Aubrey Zuger

CHAPTER FOURTEEN

Post-Judgment Proceedings

Rehearing (Reconsideration) by Panel; Rehearing En Banc; The Mandate; Writ of Certiorari; Forms.

- Karen B. Andrews & Diane B. Bratvold

CHAPTER FIFTEEN

Civil Appeals of Magistrate Judges’ Decisions

Overview of Proceedings Before Magistrate Judges; Review of Magistrate Judge’s Decisions Where There Was No Consent to Reference; Review of Magistrate Judge’s Decisions Where Parties Consented to Reference.

- Peter D. Gray & Stephen P. Safranski

CHAPTER SIXTEEN

Review in Bankruptcy Cases

Introduction; Jurisdiction; Right to Appeal; Forum; Time for Appeal; Initiating Appeal as of Right; Election of Forum; Initiating Appeal by Leave; Creation of Record; Transmission of Record and Docketing; Stay Pending Appeal; Prosecution of Appeal to the Bankruptcy Appellate Panel for the Eighth Circuit; Disposition and Publication; Costs; Admission to Practice Before the Bankruptcy Appellate Panel; Appeals to the District Court; Appeals to Eighth circuit Final Judgment, Decree, or Order Entered on Appeals in Bankruptcy Cases; Appendices.

- Jane S. Welch & Erin Knapp Darda

CHAPTER SEVENTEEN

Direct Review of Administrative Agency Decisions

Introduction; Availability of Direct Review in the Court of Appeals; Persons Who Can Seek Review of an Agency Decision; Initiating Direct Review in Court of Appeals; Standards of Review; Forms.

- Thomas E. Bailey & Elizabeth M. Brama

CHAPTER EIGHTEEN

Appeals of Tax Decisions

Introduction and Scope; United States Tax Court Jurisdiction and Proceedings; Jurisdiction Over Particular Cases; Overview of Proceedings for Review in Tax Deficiency Determinations; Standards of Review in Tax Appeals; Procedure for Review in Court of Appeals; Time for Appeal; Venue on Appeal; Notice of Appeals; Response to Notice of Appeal: Cross-Appeals and Protective Appeals; Record on Appeal; Docketing the Appeal; Stay Pending Appeal: Bond; Briefing and Oral Argument; Forms.

- John P. Barrie & Stephen L. Hopkins

CHAPTER NINETEEN

Criminal and Habeas Corpus Appeals

Introduction; Types of Appeals in Criminal Cases; Preserving Errors for Appellate Review; Relationship with the Client; Decision to Appeal Following Conviction and Duty of Trial Counsel; Perfecting the Appeal; Bail Pending Appeal; The Record on Appeal; Briefs; Oral Argument; Government Appeals; Certiorari in the United States Supreme Court; Habeas Corpus Appeals in Criminal Cases: State Prisoners’ (28 U.S.C. § 2254) Cases and Federal Prisoners’ (28 U.S.C. § 2255) Cases; Checklists; Forms.

- Elizabeth Unger Carlyle & John William Simon

CHAPTER TWENTY

Review by Extraordinary Writ in Civil Cases

Introduction; Availability of Review by Writ; Should Review of Interlocutory Orders Be Expanded?; Procedure; Forms.

- Rodney M. Confer

CHAPTER TWENTY-ONE

Costs on Appeal

Introduction; Who May Tax Costs; What Costs Are Recoverable; Procedure for Recovering Costs; Appellate Attorneys’ Fees; Interest on District Court Judgment; Rule 38 Damages and Costs for Frivolous Appeal; Forms.

- Honorable Mary R. Vasaly & John Tribbett

CHAPTER TWENTY-TWO

Sanctions

Introduction to Sanctions on Appeal; Sanctions on Appeal; Determining the Sanctions; Review of Decisions on Sanctions; Forms.

- Bruce Jones & Aaron D. Van Oort

CHAPTER TWENTY-THREE

Rules, Precedents and Related Issues:

Federal Rules and Laws of Practice and Procedure; Choice Between Federal Procedure and State Law; Federal Law Precedents; State Law Precedents and Related Issues; Law of the Case; Application of New Law on Appeal.

- Margaret C. Callahan

APPENDICES

• Federal Rules of Appellate Procedure and Eighth Circuit Local Rules

• United States Court of Appeals for the Eighth Circuit Internal Operating Procedures

• United States Court of Appeals for the Eighth Circuit Internet Resources

• List of Forms

• Subject Index

• Table of Authorities