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11th Cir. R. 42-1 — Dismissal of Appeals: the court's own rule, verbatim from UNITED STATES COURT OF APPEALS for the ELEVENTH CIRCUIT FEDERAL RULES OF APPELLATE PROCEDURE ELEVENTH CIRCUIT RULES INTERNAL OPERATING PROCEDURES (effective August 1, 2026), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Eleventh Circuit alongside the Federal Rules of Appellate Procedure.
(a) Stipulated Dismissal Agreements and Motions to Dismiss by Appellants or Petitioners. If an appeal has been assigned to a panel on the merits, any stipulated dismissal agreement or motion to dismiss the appeal will be submitted to that panel. If an appeal has not been assigned to a panel on the merits, the clerk may clerically dismiss the appeal if the parties file a stipulated dismissal agreement or if the appellant or petitioner files an unopposed motion to dismiss the appeal. In such circumstances, the clerk will issue a copy of the order as and for the mandate. By issuing such a dismissal, the clerk expresses no opinion on the effect of that dismissal. If an appeal has not been assigned to a panel on the merits and an appellant’s or petitioner’s motion to dismiss is opposed, it will be submitted to the court. (b) Dismissal for Failure to Prosecute. Except as otherwise provided for briefs and appendices in civil appeals in 11th Cir. R. 42-2 and 42-3, when an appellant fails to file a brief or other required papers within the time permitted, or otherwise fails to comply with the applicable rules, the clerk shall notify the appellant that upon expiration of 14 days from the date of the notice, the appeal will be dismissed for failure to prosecute if the default has not been remedied. If the default is remedied outside of the 14-day notice period, the appellant must also file a motion to reinstate if the appeal has been dismissed or a motion to file out of time or otherwise remedy the default if the appeal has not yet been dismissed. If a motion for extension of time to remedy the default is filed within the 14-day notice period, the clerk shall not dismiss the appeal during the pendency of the motion, but if the court denies the motion after the applicable deadline has expired, the clerk shall dismiss the appeal forthwith. If an appellant is represented by appointed counsel, the clerk may refer the matter to the Chief Judge for consideration of possible disciplinary action against counsel in lieu of dismissal.
(a) Stipulated Dismissal Agreements and Motions to Dismiss by Appellants or Petitioners. If an appeal has been assigned to a panel on the merits, any stipulated dismissal agreement or motion to dismiss the appeal will be submitted to that panel. If an appeal has not been assigned