5th Cir. R. 27.3 — Emergency Motions and Urgent Filings Requiring Action by a Date Certain in Cases Other Than Capital Cases

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 27.3 — Emergency Motions and Urgent Filings Requiring Action by a Date Certain in Cases Other Than Capital Cases: 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

Parties should not file motions seeking emergency relief unless there is an emergency sufficient to justify disruption of the normal appellate process. In cases not governed by 5TH Cir. R. 8.10, motions seeking relief before the expiration of 14 days after filing must, subject to the penalties of FED. R. APP. P. 46(c), be supported by good cause and must: Be preceded by a telephone call to the clerk's office and to the offices of opposing counsel advising of the intent to file the emergency motion. If time does not permit the filing of the motion by hand delivery or by mail, the clerk may permit filing by facsimile or by other electronic means. In an extraordinary case, the clerk may permit the submission of an oral motion by telephone. If the motion is filed by means other than hand delivery or mail, counsel should also later file the motion by hand delivery or by mail. Be labeled "Emergency Motion." State the nature of the emergency and the irreparable harm the movant will suffer if the motion is not granted. Certify that the facts supporting emergency consideration of the motion are true and complete. Provide the date by which action is believed to be necessary. Attach any relevant order or other ruling of the district court as well as copies of all relevant pleadings, briefs, memoranda, or other papers filed by all parties in the district court. If this cannot be done, counsel must state the reason that it cannot be done. Be served on opposing counsel at the same time and, absent agreement to the contrary with opposing counsel, in the same manner as the emergency motion is filed with the court. Be filed in the clerk's office by 2:00 p.m. on the day of filing. 27.3.1 Emergency Stays of Deportation. The court will give emergency consideration to stays of deportation only where the petitioner has a scheduled removal date and is in custody. Petitioners and counsel are responsible for obtaining accurate information about the custody status of their clients, as well as confirming the scheduled removal date. Emergency stays where petitioners have an imminent scheduled deportation date and are in custody will be processed in accordance with rule 27.3 above. 27.3.2 Urgent Filings Requiring Action by a Date Certain. If a filing does not meet the criteria for an emergency under this rule but a party certifies that court action is necessary by a date certain, the filer must notify the clerk of court by telephone no later than 2:00 p.m. on the day of the filing of the intent to file and the date by which action is required. In addition to following all rules regarding the format of the filing, the filed pleading must clearly state the date for action and provide a justification for why such action is needed.

Source of truth

Parties should not file motions seeking emergency relief unless there is an emergency sufficient to justify disruption of the normal appellate process. In cases not governed by 5TH Cir. R. 8.10, motions seeking relief before the expiration of 14 days after filing must, subject to

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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