Deciding Cases Without Argument - A Description of Procedures in the Courts of Appeals

• NCJ Number: 100178
• Author(s): J Cecil; D Stienstra
• Date Published: 1985
• Length: 44 pages
• Corporate Author: Duluth Police Dept
• Sale Source: Duluth Police Dept; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This report describes the procedures and standards used by Federal courts of appeals in deciding cases without oral argument, with attention to the general classification of screening procedures, case identification, and the composition and responsibilities of judge panels.

Abstract

An overview of the three general screening procedures used by the 11 counts of appeals that decide a substantial number of cases without argument shows how the procedures in each approach work together. In one court, the regular hearing panels, without assistance from staff attorneys, select and dispose of the nonargument cases. In eight courts, court staff identify nonargument cases, and special panels of judges decide them. In two courts, court staff identify nonargument cases and submit them to the regular hearing panels for disposition. A description of procedures used to review and prepare cases prior to their assignment to a three-judge panel focuses on when the screening occurs, who does the screening, the materials and criteria used, materials prepared for the panel, and the role of counsel in screening decisions. The booklet also describes the kinds of panels used by the courts and their procedures for reviewing screening designations and disposing of the nonargument cases. The description encompasses who reviews staff recommendations and decides cases as well as the selection and composition of special panels. Tables summarize the procedures described.