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11TH CIRCUIT INTERNAL OPERATING PROCEDURES
INTRODUCTION

MEMORANDUM

Enclosed are revisions to the Eleventh Circuit Rules and Internal Operating Procedures (IOPs) that took effect on December 1, 2020. The revisions:
• Delete as unnecessary the portions of 11th Cir. Rules 42-2(c) Dismissal Without Further Notice and 43-2(c) Dismissal Without Further Notice stating that the clerk will “mail a copy” of dismissal orders to counsel and pro se parties. Such orders will continue to be mailed to non-ECF pro se parties in accordance with Federal Rule of Appellate Procedure (FRAP) 45(c).

• Amend FRAP 35, IOP 3 Requesting a Poll and FRAP 35, IOP 6 Polling the Court to state that the chief judge will give other judges a reasonable time to respond to a poll request before conducting a poll on en banc consideration.
The enclosed rules also contain FRAP amendments that took effect on December 1, 2020. A List of Replacement Pages on the following page shows the pages that have changed since the last revision.

FOREWORD

RULES OF THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
(cite as 11th Cir. R.)

Both the court of appeals, by action of a majority of the circuit judges in regular service (see generally 28 U.S.C. chapters 3, 13, 15, 21, 47, 57, and Federal Rules of Appellate Procedure 47), and the judicial council of the circuit (membership of which has been fixed pursuant to statute to include nine active circuit judges, one active judge from each of the nine district courts, and the circuit chief judge) have certain responsibilities for the effective and expeditious administration of justice within the circuit. Contained herein are rules relevant to the court of appeals adopted by the court and by action of the judicial council.

The United States Court of Appeals for the Eleventh Circuit has adopted these rules pursuant to Federal Rules of Appellate Procedure (FRAP) 47. They supplement the provisions of law and FRAP. To properly proceed in this court, counsel should read and follow FRAP, these rules, and the court’s Internal Operating Procedures (IOP) which describe the internal workings of the clerk’s office and the court. Although there are necessary exceptions, an effort has been made by the court not to duplicate in the Circuit Rules or the IOPs either FRAP or each other. Circuit rules not inconsistent with FRAP govern. The word “appeal” as used in these rules and IOPs includes, where appropriate, any proceeding in this court, including petitions for review and applications for enforcement of agency orders, and writs of mandamus and prohibition, and other extraordinary writs.

Available addenda as adopted by the court are:
ONE:Rules for Conduct of and Representation and Participation at the Eleventh Circuit Judicial Conference
TWO:Procedures in Proceedings for Review of Orders of the Federal Energy Regulatory Commission
FIVE:Non-Criminal Justice Act Counsel Appointments
SEVEN:Regulations of the United States Court of Appeals for the Eleventh Circuit for the Selection and Appointment or the Reappointment of Federal Public Defenders
EIGHT:Rules Governing Attorney Discipline in the U.S. Court of Appeals for the Eleventh Circuit
NINE:Regulations of the U.S. Court of Appeals for the Eleventh Circuit for the Selection and Appointment or the Reappointment of Bankruptcy Administrators
The judicial council of the Eleventh Circuit pursuant to its statutory authority has appointed a circuit executive (11th Cir. R. 47-2), adopted rules for the conduct of complaint proceedings under 28 U.S.C. §§ 351-364 (Addendum Three), adopted a plan and guidelines under the Criminal Justice Act (11th Cir. R. 24-1 and Addendum Four), and adopted rules and regulations for selection and appointment of bankruptcy judges (Addendum Six).

Available addenda as adopted by the judicial council are:
THREE:Rules for Judicial-Conduct and Judicial-Disability Proceedings with Eleventh Circuit Judicial Conduct and Disability Rules
FOUR:Eleventh Circuit Plan under the Criminal Justice Act and Guidelines for Counsel Supplementing the Eleventh Circuit Plan under the Criminal Justice Act
SIX:Rules and Regulations of the Judicial Council and the United States Court of Appeals for the Eleventh Circuit for the Selection of Nominees, the Appointment of Bankruptcy Judges, and the Reappointment of Bankruptcy Judges
The rules, internal operating procedures, and addenda are available on the Internet at www.ca11.uscourts.gov.
Congratulations! You're now booked up on the Introduction to the 11th Circuit IOPs!

You can access the current version here.

You'll probably need to reference it during your pursuit of justice (within the federal system).

As always, please get the justice you deserve.

Sincerely,



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