Written and Unwritten
The Rules, Internal Procedures, and Customs of the United States Courts of Appeals

An unprecedented look into the internal operations of the United States Courts of Appeals.

Jon O. Newman (Author), Marin K. Levy (Author)

9781009426190, Cambridge University Press

Paperback / softback, published 21 November 2024

216 pages
22.8 x 15.1 x 1.2 cm, 0.31 kg

'Researchers know a great deal about what goes on inside the Supreme Court's building. However, they know little about the 13 Courts of Appeals, even though these “intermediate” courts have important responsibilities. Newman, a senior circuit judge for the Second Circuit appellate court, and Levy, a law professor at Duke, are eminently qualified to write this exhaustive book about 'the rules, internal procedures and customs' of these appellate courts … Law students, researchers, and journalists will find it invaluable … Recommended.' P. Lermack, Choice

Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.

Foreword
Preface
Introduction
1. The Chief Judge of a Circuit
2. Administrative Structure
3. Calendars, Panels, and Assignment of Cases
4. Motions
5. Expedited Appeals
6. Briefs of Parties and Amici Curiae
7. Oral Argument
8. Precedential Opinions
9. Non-Precedential Opinions
10. En Banc Procedures
11. Promoting the Expeditious Disposition of Appeals
12. Death Penalty Cases
13. Senior Judges
14. Judicial Councils and Judicial Conferences
15. Information on Websites
16. Miscellaneous Provisions
Conclusion
Index.

Subject Areas: Constitutional & administrative law [LND]