FRAP 33 Appeal Conferences
The court may direct the attorneys - and, when appropriate, the parties - to participate in one or more conferences to address any matter that may aid in disposing of the proceedings, including simplifying the issues and discussing settlement. A judge or other person designated by the court may preside over the conference, which may be conducted in person or by telephone. Before a settlement conference, the attorneys must consult with their clients and obtain as much authority as feasible to settle the case. The court may, as a result of the conference, enter an order controlling the course of the proceeding or implementing any settlement agreement.
6 Cir. R. 33 Appeal Conferences - Mediation
(a) Transmission of Documents From District Courts. To facilitate the pre-argument conference process, the clerk of the district court shall append to each notice of appeal transmitted to the clerk of this Court a copy of:
(1) the docket sheet of the court or agency from which the appeal is taken;
(2) the judgment or order sought to be reviewed;
(3) any opinion or findings; and
(4) any report and recommendation prepared by the magistrate judge.
(b) Filing Pre-argument Statement.
(1) Civil Appeals From United States District Courts and the Tax Court. After the appeal has been docketed, the appellant shall file, with service on all other parties, an original and two copies of a pre-argument statement on the form provided by this Court, setting forth information necessary for an understanding of the nature of the appeal (see form 6CA-53). An appellant proceeding without the assistance of counsel or an incarcerated appellant is not required to file the statement. A response to a pre-argument statement is neither required nor authorized.
(2) Review of Administrative Agency Orders; Applications for Enforcement. After the order of an administrative agency, board, commission or officer, or an application for enforcement of an order of an agency has been docketed, the petitioner or applicant shall file, with service on all parties, an original and two copies of a pre-argument statement, on the form provided by this Court, setting forth information necessary for an understanding of the nature of the petition or application (see form 6CA-54). A petitioner proceeding without the assistance of counsel is not required to file the statement. A response to a pre-argument statement is neither required nor authorized.
(c) Pre-argument Conference
(1) All civil cases shall be reviewed by a mediation attorney to determine if a pre-argument conference, pursuant to FRAP 33, would be of assistance to this Court or the parties. Such a conference may be conducted by a circuit judge or a staff attorney of this Court known as the mediation attorney. An attorney may request a pre-argument conference if that attorney thinks it would be helpful.
(2) A circuit judge or mediation attorney may direct the attorneys for all parties, and in appropriate cases the parties themselves, to attend a pre-argument conference, in person or by telephone. Such conference shall be conducted by the mediation attorney or a circuit judge designated by the Chief Judge, to consider the possibility of settlement, the simplification of the issues, and any other matters which the circuit judge or mediation attorney determines may aid in the handling of the disposition of the proceedings.
(3) A judge who participates in a pre-argument conference or becomes involved in settlement discussions pursuant to this rule will not sit on a judicial panel that considers any aspect of the case, except that participation in a pre-argument conference shall not preclude a judge from participating in any en banc consideration of the case.
(4) The statements and comments made during the pre-argument mediation process are confidential, except to the extent disclosed by the pre-argument conference order entered pursuant to 6 Cir. R. 33(d), and shall not be disclosed by the conference judge or mediation attorney nor by counsel in briefs or argument.
(d) Pre-argument Conference Order. To effectuate the purposes and results of the pre-argument conference, the circuit judge or the clerk of this Court at the behest of the mediation attorney may enter an order or orders controlling the course of the proceedings or implementing any settlement agreement.
(e) Non-compliance Sanctions.
(1) If the appellant, petitioner or applicant has not taken the action specified in paragraph (b) of this procedure within the time specified, the appeal, petition or application may be dismissed by the clerk without further notice.
(2) Upon failure of a party or attorney to comply with the provisions of this rule or a pre-argument conference order, this Court may assess reasonable expenses caused by the failure, including attorney's fees; assess all or a portion of the appellate costs; or dismiss the appeal.
COMMITTEE NOTE: Former 6th Cir. R. 18; (b)(1), (2), last sentence - former I.O.P. 33(b).
6 Cir. I.O.P. 33 [Reserved]
COMMITTEE NOTE: No corresponding 6 Cir. I.O.P.