5th Cir. R. 27.1 — Clerk May Rule on Certain Motions

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 27.1 — Clerk May Rule on Certain Motions: the court's own rule, verbatim from RULES and INTERNAL OPERATING PROCEDURES OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (December 2025), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Fifth Circuit alongside the Federal Rules of Appellate Procedure.

Requirement

Under FED. R. APP. P. 27(b), the clerk has discretion to act on, in accordance with the standards set forth in the applicable rules, or to refer to the court, the procedural motions listed below. The clerk’s action is subject to review by a single judge upon a motion for reconsideration made within the 14 or 45 day period set by FED. R. APP. P. 40(d)(1). 27.1.1 To extend the time for: filing answers or replies to pending motions; paying filing fees; filing motions to proceed in forma pauperis; filing petitions for panel rehearing and rehearing en banc, and for reconsideration of single judge orders, for not longer than 14 days, 30 days if the applicant for extension is a prisoner proceeding pro se; filing briefs as permitted by 5TH CIR. R. 31.4; filing bills of costs; and filing applications under the Equal Access to Justice Act. 27.1.2 To rule on motions to file briefs out of time. 27.1 3 To stay further proceedings in appeals. 27.1.4 To correct briefs or pleadings filed in this court at counsel’s request. 27.1.5 To stay the issuance of mandates pending certiorari in civil cases only, for no more than 30 days, provided the court has not ordered the mandate issued earlier. 27.1.6 To reinstate appeals dismissed by the clerk. 27.1.7 To enter and issue consent decrees in labor board and other government agency review cases. 27.1.8 To enter CJA Form 20 orders continuing trial court appointment of counsel on appeal for purposes of compensation. 27.1.9 To consolidate appeals. 27.1.10 To withdraw appearances. 27.1.11 To supplement or correct records. 27.1.12 To incorporate records or briefs on former appeals. 27.1.13 To file reply or supplemental briefs in addition to the single reply brief permitted by FED. R. APP. P. 28(c) prior to submission to the court. 27.1.14 To file an amicus curiae brief under FED. R. APP. P. 29 (see 5TH CIR. R. 29.4). 27.1.15 To enlarge the number of pages of optional contents in record excerpts. 27.1.16 To extend the length limits for: briefs under FED. R. APP. P. 32(a)(7) and 5TH CIR. R. 32; petitions for rehearing en banc and panel rehearing under FED. R. APP. P. 40(d)(3); certificates of appealability and motions for permission to file second or successive habeas corpus applications under 28 U.S.C. §§ 2254 and 2255, under 5TH CIR. R. 22; petitions for permission to appeal under 5TH CIR. R. 5; and petitions for mandamus and extraordinary writs under 5TH CIR. R. 21. 27.1.17 To proceed in forma pauperis, see FED. R. APP. P. 24 and 28 U.S.C. § 1915; 27.1.18 To appoint counsel or to permit appointed counsel to withdraw; 27.1.19 To obtain transcripts at government expense. 27.1.20 To rule on an unopposed motion by the government or a defendant in a direct criminal appeal to gain access to matters sealed in the case and for the use in prosecution of its appeal.

Source of truth

Under FED. R. APP. P. 27(b), the clerk has discretion to act on, in accordance with the standards set forth in the applicable rules, or to refer to the court, the procedural motions listed below. The clerk’s action is subject to review by a single judge upon a motion for reconsid

Official source: U.S. Court of Appeals — Fifth Circuit (Rules & Procedures)
Source health: Healthy · checked October 4, 2026
Effective date: —
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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